Golden Celestial Heaven Law Firm

Iloilo City

STATEMENT OF THE CASE

The Iloilo City Prosecutor charged Roger P Gonzales with illegal possession of firearms and ammunition after a valid search conducted on the accused sometime in December 14, 2007. On May 30 2011 the Municipal Trial Court Branch 10 of Iloilo City, after trial find the accused guilty beyond reasonable doubt of Illegal possession of firearms punishable under Section 1 Paragraph 1 of P.D. No. 1886 as amended by R.A. No. 8294.

ISSUE STATEMENT
I. Whether or not the lower court erred in convicting Roger p. Gonzales for illegal possession of firearms and ammunition punishable under Section 1 Paragraph 1 of P.D. No. 1886 as amended by R.A. No. 8294. II. Whether or not the lower court correctly apply in imposing the penalty of 2years 4 months and 1 day of prision correccional as maximum and in imposing a fine of Php 15,000.00

STATEMENT OF THE FACTS

At about 9:00 oclock in the morning of December 14, 2007, PO3 Tabuada officer on duty at the Jaro Police Station, Jaro, Iloilo City; received a telephone call from a certain Helie Magante crying out for help. After getting the address of Helie, PO3 Tabuada together with SPO1 Gaddi, PO1 Jaculina and PO3 Onelongo rushed to Barangay M.V. Hechanova, Jaro, Iloilo City, abroad a mobile patrol driven by PO3 Tabuada. When they reached M.V. Hechanova, Helie instantly complained to the responding policeman that her live-in partner (the accused here) is armed with a gun and always threatening her. As the accused, who was carrying a knapsack, was coming out of the gate of the house, Helie pinpointed the acuused to the policeman. SPO! Tabuada, PO1 Jaculina and PO3 Onelongo were standing and looking on about three meters away from the. SPO1 Gaddi, then asked the accused to open his knapsack. The accused opened it. Consequently, SPO1 Gaddi observed that something is buldging in the midst of personal belongings of the accused. What is budlging? SPO! Gaddi asked the accused. Shortly, the accused brought a short-barreled shotgun and carry a firearm, but the accused failed to show any papers. SPO1 Gaddi so arrested the accused, following by informing of his constitutional rights. Next, SPO1 Gaddi engraved the seized firearm with the letters, RGP which stands for Roger Gonzales Penacho. Momentarily, Helie gave SPO1 Gaddi one live ammunition.

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Iloilo City They brought the accused to the Jaro Police Station for booking. SPO1 Gaddi who is also the exhibit custodian retained custody of the firearm and ammunition seized from the accused. SPO4 Vicente, who was authorized by Police Superintendent Editha Hinlo, Chief, Record Section, Firearms and Explosives Division, Philippine National Police, testify, identified the Certification Dated September 24, 2008 issued by P/Superintendent Hinlo that the accused is not licensed/ registered firearm holder of any kind and caliber. ARGUMENT 1. It is a valid stop and frisk. 2. The call of Helie, the live-in partner of the accused is a valid source of information. 3. Elements of the crime Any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low powered firearm, such as rimfire handgun, .380 or .32 and other firearm of similar firepower, part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition: Provided, That no other crime was committed.

Penalty
Illegal possession of firearms (Section 1, Par. 1 of P.D. No. 1886 as amended by R.A. No. 8294) and sentences him to an indeterminate penalty of, absent mitigating or aggravating circumstances, two (2) years, four (4) months, and one (1) day of prision correctional, as minimum to four (4) years, two (2) months, and one (1) day of prision correctional, as maximum; and imposes a fine of Php 15,000.00. The firearm and one (1) live ammunition are confiscated in favor of the State.

CONCLUSION
Therefore the Municipal Trial Court Branch 10 of Iloilo City did not err in convicting the accused for Illegal possession of firearms and imposed the correct penalty.

PRAYER
The appellee respectfully prays that this court affirms the decision of the Municipal Trial Court Branch 10 in toto.