NATURE: Automatic review of CA's sentence of reclusion perpetua in accordance wi
th Rule 124, 13 FACTS: In March 1991, Wenceslao Jayson was a bouncer at the Ihaw-Ihaw nightclub in Dav ao City. He was arrested without a warrant after being pointed by eyewitnesses as the gunman in the killing of Nelson Jordan. Recovered from him was a .38 caliber revolver with 4 live bullets and an empty shell. The gun and ammo were covered by a memorandum receipt and mission order issued by Major Arquillano, Deputy Commander of the Civil-Military Operation and CAFGU Affairs o f Davao Metropolitan District Command. Said order authorized the Jayson to carry the gun and 12 rounds of ammo for 3 months following certain restrictions: o Carrying of firearms is prohibited in places where people gather for politica l, religious, social, educational, and recreational purposes, such as churches or chapels, carnival grounds or fairs, n ightclubs, cabarets (...) except when the personnel concerned is on official mission in such places for which he was a uthorized to carry firearms. With respect to the arrest, SPO1 Tenebro testified that while he and Patrolmen Camotes and Racolas were patrolling in their car, they received a radio message directing them to Ih aw-Ihaw where there had been a shooting. They proceeded to the place and saw the victim. Bystanders poin ted to Jayson as the gunman. He was apprehended about 10 meters away, attempting to flee. He was initially charged with murder but was allowed to plead guilty to the les ser offense of homicide after plea-bargaining. He was sentenced to 6 years and 1 day of prision mayor to 12 years and 1 day of reclusion temporal). He was subsequently charged with illegal possession of firearm (violation of PD 1866). Finding him in good faith (believing that the mission order and memorandum receipt issued to hi m were valid), RTC sentenced him to 20 years imprisonment. CA increased the penalty to reclusion pe rpetua. SC: Although not raised as an error by the accused-appellant, it is pertinent t o consider the circumstances surrounding accused-appellants arrest and the seizure from him of t he firearm in question considering that both were made without any warrant from a court. W/N the warrantless arrest, search, and seizure were valid !YES, YES, YES Rule 113, 5(b) of the Revised Rules of Criminal Procedure provides that an warr antless arrest shall be lawful when an offense has in fact just been committed, and he has personal know ledge of facts indicating that the person to be arrested has committed it. In the case at bar there was a shoot ing. The policemen summoned to the scene of the crime found the victim. Jayson was pointed to them as the a ssailant only moments after the shooting. In fact Jayson had not gone very far. The arresting officers thus acted on the basis of personal knowledge of the death of the victim and of facts indicating that Jayson was the assailant. The search and seizure were hence incident to a lawful arrest as allowed under Rule 126, 12. W/N Jayson is liable for illegal possession of firearm ! YES Major Arquillano was not authorized to issue mission orders to civilian agents of the AFP as he was not any of the officers enumerated in the IRR of PD 1866. Neither was Jayson qualifi ed to be issued a mission order because he was a mere reserve of the CAFGU without regular monthly compens ation. He also violated the restrictions in the mission order by carrying the firearm inside the nightcl ub. While the defense argues that the prosecution failed to present the police officer who certified that Jayson i s not licensed to own a firearm, the objection must be deemed waived in view of Jayson s failure to object to the pre sentation of the certificate. W/N RA 8294 amending PD 1866 can be applied on the theory that it is more favora ble to Jayson ! NO While the new law reduces the penalty for illegal possession of firearm, it ca nnot be applied because the statute provides that the lighter penalty does not apply to cases where anot her crime has been committed. Neither can the paragraph treating the use of the subject firearm in the commiss ion of murder or homicide to be considered as an aggravating circumstance be applied because this case concer ns solely the charge of illegal possession of firearm. Bianca Danica Santiago Villarama