People v. Almeida
418 SCRA 254
FACTS: Teofilo, Chief of the Intelligence Section/Unit, received information that appellant, who was already arrested twice for drug pushing, had again resumed his operations. Thus, Teofilo decided to form a buy-bust team, composed of himself, Ricardo, Vivero, Deroca and Carlito, to entrap appellant. He also utilized the services of a civilian asset to act as the poseur-buyer.
Immediately after the sale took place, appellant went inside and proceeded to the second floor of the house. Thereafter, Teofilo and Ricardo went inside the house.
Upon reaching the second floor, Teofilo saw appellant repacking shabu while seated on the floor. The police also found another person, who was later identified as Gilbert Chico (Gilbert), sniffing shabu. Vanessa was also there. On the second floor, the police found 34 small plastic sachets containing shabu, one big plastic bag containing more shabu, a canister, several ammunitions of different calibers, cash worth P2,800 in different denominations and 3 plastic bags containing shabu residue. The police also recovered the P4,500 bills used in the buy-bust operation. Appellant was then arrested and brought to the police station.
On the other hand, Appellant nevertheless claims that the items found on the second floor were products of an illegal search. Suffice it to say that the items were found while the police were in the process of arresting appellant and these confiscated items were just lying on the floor, in plain view of the arresting officers.
Appellant was found guilty in a three separate information filed against him. Hence, this appeal.

ISSUE: WON illegal possession of firearms and ammunition be filed as a separate offense with illegal possession of dangerous drugs and illegal sale of dangerous drugs.

HOLDING: The Court ruled that they cannot sustain appellant’s conviction for illegal possession of ammunitions. The ammunition was not found in the person of appellant. They were among the items seen lying on the floor and Vanessa and Gilbert were in that same room with appellant. Clearly, the evidence is insufficient to establish that said ammunition belongs to appellant as it could have belonged to the other two persons.
Furthermore, in any event, the Court has ruled in previous cases that in view of the enactment of Republic Act No. 8294, there can be no separate offense of illegal possession of firearms and ammunition if there is another crime committed such as, in this case, that of illegal possession of dangerous drugs.
     Appellant was acquitted of the charges of illegal sale of dangerous drugs and illegal possession of ammunition, but his conviction for illegal possession of dangerous drugs was sustained.

Comments

Post a Comment

Popular posts from this blog

People vs. Sunico, et al [C.A., 50 o.g. 5880]

FACTS: The accused were election inspectors and poll clerks whose duty among others was to transfer the names of excess voters in other precincts to the list of a newly created precinct.Several voters were omitted in the list.Because their names were not in the list, some of them were not allowed to vote. The accused were prosecuted for violation of Secs. 101 and 103 of the Revised Election Code. The accused claimed that they made the omission in good faith.The trial court seemed to believe that notwithstanding the fact that the accused committed in good faith the serious offense charged, the latter are criminally responsible therefor, because such offense is malum prohibitum, and, consequently, the act constituting the same need not be committed with malice or criminal intent to be punishable. ISSUE: Is the act of the accused merely a mala prohibita? HELD: The acts of the accused cannot be merely mala prohibita - they are mala in se . The omission or failure to include a voter’s...
Read more

US v. Serapio [23 P 584]

FACTS: Defendant was charged with the crime of libel. Upon said complaint the defendant was duly arraigned. Upon arraignment the defendant, by his attorneys, presented the following demurrer:I. The facts alleged in the complaint do not constitute a crime. II. It appears from the allegation in the complaint that if there were a crime it has prescribed. With reference to the second ground, counsel for the defense maintains that the crime has prescribed under the provisions of the laws in force in the Islands and supports such conclusion by asserting that in the absence of a definite provision in Act No. 277 of the Philippine Commission, which fixes the time during which the penal action arising from the crime of libel may be exercised, the time which article 131 of the Penal Code fixes for the prescription of the crimes of calumny and insults is strictly applicable. Against this contention of the defense, the Attorney-General and the private prosecutor maint...
Read more

People v Macatanda [109 S 35]

FACTS: Charged with and convicted on a plea of guilty, in the Court of First Instance of Lanao del Norte, Branch IV in Iligan City, for the crime of cattle rustling, Saglala Macatanda. From the judgment of conviction, Saglala Macatanda (hereinafter referred to as appellant) appealed direct to this Court. The Solicitor General comes up with a reply that Article 64 of the Revised Penal Code does not apply to penalties prescribed by special laws. He considers P.D. 533, otherwise known as "Anti- Cattle Rustling Law of 1974" as a special law, and in accordance with existing rulings, 8 the penalty should not be governed by the Revised Penal Code. ISSUE: Whether the contention of the Solicitor-General is valid. RULING: The court do not agree with the Solicitor General that P.D. 533 is a special law, entirely distinct from and unrelated to the Revised Penal Code. From the nature of the penalty imposed which is in terms of the classification and duration of penalties as prescribe...
Read more