GR No 184355

Arnold Jacaban vs People

March 23, 2015

Facts

On July 16, 1999, at about 12:45 in the morning, the police implemented a search warrant, along
with three barangay tanods to conduct a search on the house of the accused, Arnold Jacaban, who were
present along with his wife and other ladies.

The police proceeded with the search. When one of the police search the room and found a .45
calibre in the ceiling, the accused rushed in the room and grappled with the police officer. After an
exhaustive search, other firearms and ammunitions were also recovered.

The firearms were inventoried and was confiscated by the police and brought the accused to
their office.

Based on the records, the accused is not licensed to possess any kind of firearm and
ammunition.

For the defense, a witness, the sister of the accused was presented claiming that it was their
uncle’s house that was searched and not his brother’s.

Issues

Whether or not the accused is guilty of the crime, Illegal Possession of Firearms and
Ammunitions.

Ruling

The RTC ruled that the accused guilty of PD 1866, as amended by RA 8294.

In so ruling, the RTC found that all the elements of the crime charged were present. The accused
was in possession of the firearm, ammunitions and other items with the intent to possess the same
without any license or permit from any competent authority.

The RTC did not give credence to the claim of the defense that it was not the house of the
accused because the petitioner did not protest his arrest, the alleged owner did not testify and the
accused had control of the house during the search. Moreover, ownership of the house where the
search was conducted was not an essential element of the crime.

Thus the CA affirmed in toto.

The Supreme Court ruled that the accused guilty affirming the decision of the CA with
modification. The petitioner was sentenced to suffer the indeterminate penalty of imprisonment ranging
from 6 years of prision correccional in its maximum period, as minimum to 6 years, 8 months and 1 day
of prision mayor in its medium period, as maximum, and to pay a fine of P30,000.00.