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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2009 Jurisprudence                 

  • A.C. No. 6672 - Pedro L. Linsangan v. Atty. Nicodemes Tolentino

  • A.C. No. 5955 - John Christen S. Hegna v. Atty. Goering G.C. Paderanga

  • A.C. No. 7297 - Imdelda Bides-Ulaso v. Atty. Edita Noe-Lacsamana

  • A.C. No. 7435 - Rey C. Sarmiento, et al. v. Atty. Edelson G. Oliva

  • A.C. No. 7547 - Gregory U. chan v. NLRC Commissioner Romeo L. Go, et al.

  • A.C. No. 7910 - Wen Ming W. Chen a.k.a. Domingo Tan v. Atty. F.D. Nicolas B. Pichay

  • A.M. No. 01-1-04-SC-PHILJA - Re: Further clarifying and strengthening the organization strcture and administrative set-up of the Philippine Judicial Academy

  • A.M. No. 06-3-07-SC - Request for the approval of the revised qualification standard for the chief of MISO

  • A.M. No. 2009-04-SC - Complaint of Atty. Wilhelmina D. Geronga againts Mr. Ross C. Romero, driver, shuttle bus no. 5 for reckless driving

  • A.M. No. CTA-05-2 - Office of the Court Administrator v. Concepcion G. Espineda, etc.

  • A.M. No. MTJ-06-1623 Formerly OCA IPI No. 04-1635-MTJ, A.M. NO. MTJ-06-1624 Formerly OCA IPI No. 04-1636-MTJ, A.M. NO. MTJ-06-1625 Formerly OCA IPI No. 04-1630-MTJ, A.M. NO. MTJ-06-1627 Formerly OCA IPI No. 04-1661-MTJ, A.M. NO. P-09-2693 Formerly OCA IPI

  • A.M. No. P-05-2046 Formerly No. 05-6-159-MCTC - Office of the Court Administrator v. Clerk of Court Fe P. Ganzan, MCTC, Jasaan, Misamis Oriental

  • A.M. No. P-06-2264 Formerly OCA I.P.I Nos. 05-2136-P and 05-2137-P - Atty. Lelu P. Contreras v. Teresita O. Monge, Clerk IV, Rigional Trial Court - Office of the Clerk of Court, Iriga City

  • A.M. No. P-07-2332 Formerly OCA I.P.I No. 07-2511-P - Dr. Salome U. Jorge v. Carlos P. Diaz, Deputy Sheriff, RTC, Branch 20, Tacurong, Sultan Kudarat

  • A.M. No. P-08-2433 Formerly OCA IPI No. 07-2667-P - Judge Jenny Lind Aldecia-Delorino v. Marilyn De Castro Remigio-Versosa, Clerk III, Regional Trial Court, Branch 137, Makati City

  • A.M. No. P-08-2570 Formerly A.M. OCA IPI No. 07-2547-P - Leticia Sales v. Arnel Jose A. Rubio, Sheriff IV, RTC, OCC, Naga City

  • A.M. No. P-09-2685 OCA-IPI No. 08-2839-P - P/Supt. Rene Macaling Orbe v. Marcos U. Digandang, Process Server, Regional Trial Court, Branch 14, Cotabato City

  • A.M. No. RTJ-01-1650 Formerly OCA IPI No. 01-1195-RTJ - Margie Corpus Macias v. Mariano v. Mariano Joaquin S. Macias, Presiding Judge, Branh 28, Regional Trial Court, Liloy, Zamboanga del Norte

  • A.M. No. RTJ-07-2089 Formerly OCA I.P.I. No. 07-2659-RTJ and A.M. NO. RTJ-0921-99 Formerly OCA I.P.I. No. 07-2698-RTJ- Land Bank of the Philippines v. Judge Ernesto P. Pagayatan

  • G.R. No. 132826 - Rolando Saa v. Integrated Bar of the Philippines, Commissoion on Bar Discipline, Board of Governors, Pasig City and Atty. Freddie A. Venida

  • G.R. NOS. 140743 & 140745 and G.R. NOS. 141451-52 - City Government of Tagaytay v. Hon. Eleuterio F. Guerrero, etc. et al.

  • G.R. No. 146534 - Spouses Hu Chuan Hai and Leonica Lim Hu v. Spouses Renato Unico and Maria Aurora J. Unico

  • G.R. NOS. 147026-27 - Carolina R. Javier v. Sandiganbayan, et al.

  • G.R. No. 148444 - Associated Bank (now United Overseas Bank [Phils.]) v. Spouses Rafael and Monaliza Pronstroller/Spouses Eduardo and Ma. Pilar Vaca (Intervenors)

  • G.R. No. 149588 - Francisco R. Llamas, et al. v. The Honorable Court of Appeals, et al.

  • G.R. No. 150664 - Vicente Dacanay, in his capacity as administrator of the Testate Estate of Tereso D. Fernandez v. Hon. Raphael Prastora Sr., etc., et al.

  • G.R. No. 151969 - Valle Verde Country Club, Inc., et al. v. Victor Africa

  • G.R. No. 152101 - Emcor, Incorporated v. Ma. Lourdes D. Sienes

  • G.R. No. 152614 - Salvador A. Fernandez v. Cristina D. Amagna

  • G.R. No. 154720 - Juan Balbuena and Teodulfo Retuya v. Leona Aparicio Sabay, et al.

  • G.R. No. 156164 - Sps. Leonardo and Milagros Chua v. Hon. Jacinto G. Ang, et al.

  • G.R. No. 157901 - Orix Metro Leasing and Finance Corporation v. M/V "PILAR-I" and Spouses Ernesto Dy and Lourdes Dy

  • G.R. No. 157952 - Jowett K. Golango v. Jone B. Fung

  • G.R. No. 158630 and G.R. No. 162047 - Joyce Y. Lim, represented by her attorney-in-fact Bernardo M. Nicolas

  • G.R. No. 159116 - Sps. Nestor and Felicidad Dadizon v. Hon. Court of Appeals and Sps. Dominador and Elsa Mocorro

  • G.R. No. 159710 - Carmen A. Blas v. Spouses Eduardo and Salud Galapon

  • G.R. No. 161902 - Edgar Mercado v. People of the Philippines

  • G.R. No. 162104 - R Transport Corporation v. Eduardo Pante

  • G.R. No. 163270 - Eduardo M. Tomada, Sr. v. RFM Corporation-Bakery Flour Division, et al.

  • G.R. No. 164104 - Philippine National Bank v. Gregorio B. Maraya, Jr. and Wenefrida Maraya

  • G.R. No. 164205 - Oldarico S. Trave o, et al. v. Bobongon Banana Growers Multi-Purpose Cooperative, et al.

  • G.R. No. 164435 - Victoria S. Jarillo v. People of the Philippines

  • G.R. No. 164549 - Philippine National Bank v. Spouses Agustin and Pilar Rocamora

  • G.R. No. 164815 - Sr. Inspector Jerry Valeroso v. Court of Appeals and People of the Philippines

  • G.R. No. 165141 - Peregina Mistica v. Republic of the Philippines

  • G.R. No. 166516 - Emma Ver Reyes and Ramon Reyes v. The Register of Deeds of Cavite, et al.

  • G.R. No. 166857 - D.M. Wenceslao & Associates, inc. v. Freyssinet Philippines, Inc.

  • G.R. No. 167330 - Philippine Health Providers, Inc. v. Commissioner of Internal Revenue

  • G.R. No. 167569, G.R. No. 167570 & G.R. No. 171946 - Carlos T. Go., Sr., v. Luis T. Ramos

  • G.R. No. 167955 Formerly G.R. No. 151275 - People of the Philippines v. Armando Padilla y Nicolas

  • G.R. No. 167995 - Julita V. Imuan, et al. v. Juanito Cereno, et al.

  • G.R. No. 168151 - Regional Container Lines (RCL) of Singapore and Shipping Agency v. The Netherlands Insurance Co. (Philippines) Inc.

  • G.R. No. 168446 Formerly G.R. NOS. 144174-75 - People of the Philippines v. Ernesto Cruz, Jr. y Concepcion, et al.

  • G.R. No. 168927 - Arsenio F. Quevedo, et al. v. Benguet Electric Cooperative Incorporated, et al.

  • G.R. No. 169228 - The Alexandra Condominium Corporation v. Laguna Lake Development Authority

  • G.R. No. 169364 - People of the Philippines v. Evangeline Siton y sacil, et al.

  • G.R. No. 169641 - People of the Philippines v. Richard O. Sarcia

  • G.R. No. 169889 - Spouses Simon Yap and Milagros Guevarra v. First e-Bank, Inc.

  • G.R. No. 169919 - B.D. Long Span Builders, Inc. v. R.S. Ampeloquio Realty Development Inc.

  • G.R. No. 169940 - Univeristy of Santo Tomas v. Samahang Manggagawa ng UST (SM-UST)

  • G.R. No. 170072 - Joaquin P. Obieta v. Edward Cheok

  • G.R. No. 170342 - Allan Dizon v. People of the Philippines

  • G.R. No. 170482 - Manila Electric Company v. Aguida Vda. De Santiago

  • G.R. No. 171018 - People of the Philippines v. Elly Naelga

  • G.R. No. 171260 - Amparo Robles Cabreza v. Ceferino S. Cabreza Jr., et al.

  • G.R .No. 171491 - Dr. Castor C. De Jesus v. Rafel D. Guerrero III, Cesario R. Pagdilao and Fortuna B. Aquino

  • G.R. No. 171681 - Kei Marie and Bianca Angelica both surnamed Abrera, minors, represented by their parents Evelyn C. Abrera, et al. v. Hon. Romeo F. Barza, in his capacity as Presiding Judge of Regional Trial Court, Branch 61, Makati City and College Assu

  • G.R. No. 171984 - Bandila Maritime Services, Inc. and/or Tokomaru Kaiun Co., Ltd. v. Rolando Dubduban

  • G.R. No. 172217 - Spouses Lydia Flores-Cruz, et al. v. Spouses Leonardo and Iluminada Goli-Cruz, et al.

  • G.R. No. 172447 & G.R. No. 179404 - Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc. v. Nataniel B. Juane/Nataniel B. Juane v. Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc.

  • G.R. No. 174116 - Eastern Shipping Lines, Inc. v. Prudential Guarantee and Assurance, Inc.

  • G.R. No. 175064 - Province of Camarines Sur, represented by Governor Luis Raymund F. Villafuerte, Jr. v. Hon. Court of Appeals and City of Naga, represented by Mayor Jesse M. Robredo

  • G.R. No. 175172 - Cresencia Achevara, Alfredo Achevara and Benigno Valdez v. Elvira Ramos, John Arnel Ramos and Kristine Camille Ramos

  • G.R. No. 175528 - PO3 Benito Sombilon, Jr. v. People of the Philippines

  • G.R. No. 175490 - Ileana Dr. Macalino v. Bank of the Philippines Islands

  • G.R. No. 176014 - Alice Vitangcol and Norberto Vitangcol v. New Vista Properties, Inc., et al.

  • G.R. No. 176040 - Casa Cebuana Incoporada, et al. v. Ireneo P. Leuterio

  • G.R. No. 176364 - Juanito R. Rimando v. Commission on Elections and Norma O. Magno

  • G.R. No. 176546 - Felicitas P. Ong v. The People of the Philippines

  • G.R. No. 176700 - Romero Montederamos v. Tri-Union International Corporation

  • G.R. No. 177056 - The Office of the Solicitor General v. Ayala Land Incorporated, et al.

  • G.R. No. 177066 - Joselito Musni Puno (as heir of the late Carlos Puno) v. Puno Enterprises, Inc., represented by Jesusa Puno

  • G.R. No. 177456 - Bank of the Philippine Isalands v. Domingo R. Dando

  • G.R. No. 177531 - Civil Service Commission v. Fatima A. Macud

  • G.R. No. 177705 - Kimberly-Clark Philippines, Inc. v. Nora Dimayuga, et al.

  • G.R. No. 177753 - People of the Philippines v. Benjamin Ocampo

  • G.R. No. 177836 - Edwino A. Torres (deceased), represented and substitute by Alfonso P. Torres III, et al.

  • G.R. NOS. 177857-58, G.R. NO. 178193 and G.R. NO. 180705 - Philippine Coconut Producers Federation, Inc. (COCOFED), Manuel V. Del Rosario, Domingo P. Espina, et al. v. Republic of the Philippines

  • G.R. No. 178034, G.R. No. 178117 and G.R. NOS. 186984-85 - Andrew Jame Mcburne v. Eulalio Ganzon, et al.

  • G.R. No. 178485 - People of the Philippines v. Mariano Sapigao, Jr.

  • G.R. No. 178529 - Equitable PCI Bank, Inc (now known as Banco De Oro-EPCI, Inc.) v. Heirs of Antonio C. Tiu, et al.

  • G.R. No. 178543 - People of the Philippines v. Aristo Villanueva

  • G.R. No. 178933 - Recardo S. Silverio, Jr. v. Court of Appeals and Nelia S. Silverio-Dee

  • G.R. No. 179103 and G.R. NO. 180209 - National Power Corporation v. Premier Shipping Lines, Inc.

  • G.R. No. 179213 - People of the Philippines v. Nicolas Gutierrez y Licunan

  • G.R. No. 179313 - Makil U. Pundaodaya v. Commission on Elections, et al.

  • G.R. No. 179319 - Eugene C. Firaza v. People of the Philippines

  • G.R. No. 179475 - People of the Philippines v. Daniel Sibunga y Agtoca

  • G.R. No. 179502 - Progressive Trade & Service Enterprises v. Maria Milagrosa Antonio

  • G.R. No. 179583 - Jimmy L. Barnes a.k.a. James Barnes v. Teresita C. Reyes, et al.

  • G.R. No. 179799 - Zenaida R. Gregorio v. Court of Appeals, et al.

  • G.R. No. 179862 - Land Bank of the Philippines v. Heirs of Asuncion Anonuevo Vda. Santos, et al.

  • G.R. No. 179944 - People of the Philippines v. Antonio Ortiz, et al.

  • G.R. No. 179985 - Pdilon L. Martinez v. B&B Fish Broker and/or Norberto M. Lucinario

  • G.R. No. 180274 - Virgilio C. Crystal and Glynna F. Cystal v. Bank of the Philippines Islands

  • G.R. No. 180453 - Republic of the Philippines v. Dante C. Abril, represented by his Attorney-in-fact, Manuel C. Blaco, Jr.

  • G.R. No. 180478-79 - The Heritage Hotel of Manila v. National Labor Relations Commission, Rufino C. Ra on II, and Ismael C. Villa

  • G.R. No. 180508 - People of the Philippines v. Antonio v. Antonio Ramos y Viray

  • G.R. No. 180693 - Bonifacio Dolera y Tejada v. People of the Philippines

  • G.R. No. 180863 - Angelita Valdez v. Republic of the Philippines

  • G.R. NOS. 180880-81 and G.R. NOS. 180896-97 - Keppel Cebu Shipyard, Inc. v. Pioneer Insurance and Surety Corporation

  • G.R. No. 180888 - Rolando Placido and Edgardo Caragay v. National Labor Relations Commission and Philippine Long Distance Telephone Company, Incorporated

  • G.R. No. 180992 - Elmer Diamante y Sioson, et al. v. People of the Philippines

  • G.R. No. 181081 - People of the Philippines v. Roldan Arcosiba alias "Entoy"

  • G.R. No. 181300 - Malayan Insurance Co., Inc. v. Jardine Davies Transport Services, Inc. and Asian Terminals, Inc.

  • G.R. No. 181303 - Carmen Danao Malana, et al. v. Benigno Tappa, et al.

  • G.R. No. 181503 - Bio Quest Marketing Inc. and/or Jose L. Co v. Edmund Rey

  • G.R. No. 181613 - Rosalinda A. Penera v. Commission on Elections and Edgar T. Andanar

  • G.R. No. 181629 - People of the Philippines v. Elizardo Cabiles alias "SARDO"

  • G.R. NOS. 181999 & G.R. No. 182001-04 and G.R. NOS. 182020-24 - Ofelia Caunan v. People of the Philippines, et al.

  • G.R. No. 182185 - Joaquin Ga, Jr., et al. v. Spouses Antonio Tabungan, et al.

  • G.R. No. 182320 - Tacloban Far East Marketing Corporation, et al. v. The Court of Appeals, et al.

  • G.R. No. 183088 - People of the Philippines v. Donato Capco y Sabadlab

  • G.R. No. 183141 - Edgardo H. Catindig v. People of the Philippines, et al.

  • G.R. No. 183142 - Rosita A. Montanez v. Provincial Agrarian Reform Adjudicator (PARAD), et al.

  • G.R. No. 183387 - Simeon M. Valdez v. Financiera Manila Inc.

  • G.R. No. 183457 - People of the Philippines v. Roel Arbalate, et al.

  • G.R. No. 183546 - Wilson A. Go v. Harry A. Go

  • G.R. No. 183646 - Great Southern Maritime Services Corp., et al. v. Leonila Surigao, et al.

  • G.R. No. 183656 - Gilbert Zalameda v. People of the Philippines

  • G.R. No. 183802 - Alexander Tam Wong v. Catherine Factor-Koyoma

  • G.R. No. 183965 - Joanie Surposa Uy v. Jose Ngo Chua

  • G.R. No. 184037 - Antonio Lopez y Dela Cruz v. People of the Philippines

  • G.R. No. 184225 - Spouses Rogelio F. Lopez and Teotima G. Lopez v. Samuel R. Espinosa and Angelita S. Espinosa

  • G.R. No. 184252 - China Banking Corporation v. Sps. Wenceslao & Marcelina Martir

  • G.R. No. 184268 - Ernesto Batalla v. Commission on Elections and teodoro Bataller

  • G.R. No. 184285 - Rodolfo "Rudy" Canlas, et al. v. Iluminada Tubil

  • G.R. No. 184735 - Miriam B. Elleccion vda. De Lecciones v. National Labor Relations Commission, et al.

  • G.R. No. 184958 - People of the Philippines v. Anthony C. Domingo and Gerry Domingo

  • G.R. No. 185001 - Ronnie H. Lumayna, et al. v. Commission on Audit

  • G.R. No. 185203 - People of the Philippines v. Domingo Araojo

  • G.R. No. 186138 - People of the Philippines v. Loreto Daria y Cruz

  • G.R. No. 186497 - People of the Philippines v. Hasanaddin Guira y Bansil

  • G.R. No. 187043 - People of the Philippines v. Lorenzo Oliva y Rosela

  • G.R. No. 187156 - People of the Philippines v. Melody Gutierrez y Lauriada

  • G.R. No. 187503 - People of the Philippines v. Tecson Lim y Chua and Maximo Flores y Viterbo

  • G.R. No. 188456 - Harry L. Roque, et al. v. Commission on Election, et al.

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    G.R. No. 179319 - Eugene C. Firaza v. People of the Philippines

      G.R. No. 179319 - Eugene C. Firaza v. People of the Philippines

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. NO. 179319 : September 18, 2009]

    EUGENE C. FIRAZA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

    D E C I S I O N

    CARPIO MORALES, J.:

    Petitioner, appointed as a confidential agent of the National Bureau of Investigation (NBI), Caraga Regional Office on August 18, 1999, was issued a firearm and a mission to gather and report to the NBI such information as may be relevant to investigations undertaken by it.

    In his private capacity, petitioner served as manager for RF Communications in connection with which he dealt with Christopher Rivas, Provincial Auditor of Surigao del Sur, for the establishment of a Public Calling Office in the Municipality of Lianga, Surigao del Sur.

    On August 11, 2000, in the course of a meeting between petitioner and Rivas at the latter's restaurant regarding the delivery of a defective machine for the Public Calling Office, a heated exchange ensued during which petitioner is alleged to have pointed a gun at Rivas. Petitioner was thereupon accosted by P/Insp. Alberto A. Mullanida, Acting Chief of Police of Lianga, Surigao del Sur and PO2 Nilo Ronquillo, who discovered that his permit to carry firearm outside residence had expired more than a month earlier or on July 5, 2000.

    Hence, a criminal complaint was filed against petitioner before the 6th Municipal Circuit Trial Court (MCTC) of Barobo-Lianga, Barobo, Surigao del Sur for "UNATHORIZED CARRYING OF LICENCE [sic] FIREARM OUTSIDE RESIDENCE," the accusatory portion of which reads:

    That on or about the 11th day of August 2000 at about 4:00 o'clock in the afternoon more or less in Poblacion, Municipality of Lianga, Province of Surigao del Sur Philippines and within the jurisdiction of this Honorable Court the above named accused, willfully, unlawfully, and feloniously possess [sic] one (1) unit Pistol Caliber 45 with serial number 670320 entered inside the residence of Christopher Rivas at Lianga, Surigao del Sur with expired license or permit to carry outside residence renewed [sic] from the government authority concerned.

    CONTRARY TO LAW. (Violation of RA 8294 as amended).1 (Emphasis and underscoring supplied)cralawlibrary

    Petitioner, denying that any argument occurred between him and Rivas, claimed that while he was explaining to Rivas the defect in the machine subject of their meeting, P/Insp. Mullaneda and PO2 Ronquillo apprehended him and seized his firearm tucked inside his shirt, even as he identified himself as an NBI agent; and that he was prevented from presenting a Mission Order dated July 26, 2000 issued to him by the NBI, to prove his authority to carry firearms outside of his residence, due to the coercive manner by which the two approached him.

    By Decision of February 20, 2003, the MCTC convicted petitioner, disposing as follows:

    WHEREFORE, Court finds accused Eugene C. Firaza GUILTY beyond reasonable doubt of the crime "Unauthorized Carrying of Licensed Firearm Outside Residence," penalized under Section 1 of Republic Act 8294.

    Accused Eugene C. Firaza is hereby sentenced to an imprisonment of one (1) month and ten days of Arresto Mayor.

    SO ORDERED.

    In convicting petitioner, the trial court noted the following facts:

    1. That accused's permit to carry firearms outside residence, has already expired when he was apprehended on August 11, 2000;

    2. That the "Mission Order" (Exhibit "4") was not presented or shown to the apprehending policemen on August 11, 2000;

    3. That accused's "Mission Order" was not issued by the NBI Director or Assistant/Deputy Director or by Regional Director of Caraga Region;

    4. That accused is only a confidential agent and as such is not included in the regular plantilla of the NBI, nor is receiving regular compensation for the services he is rendering;

    5. When apprehended, accused was not in actual performance of alleged mission but on business trip.2 (Underscoring supplied)cralawlibrary

    On appeal, the Regional Trial Court upheld petitioner's conviction.

    On Petition for Review, the Court of Appeals, by Decision of April 20, 2007,3 affirmed petitioner's conviction.

    Before this Court, petitioner raises the following issues:

    A. Whether or not Petitioner can be convicted of an offense different from that charged in the Complaint.

    b. Whether or not the burden of proving a negative element of an offense lies with the prosecution; andcralawlibrary

    c. Whether or not the firearm seized from petitioner after an unlawful search without a warrant is inadmissible in evidence. (Underscoring supplied)cralawlibrary

    Petitioner prefaces his arguments in support of his appeal by claiming that the Complaint charged him with "illegal possession of firearms," hence, he cannot be convicted of carrying firearms outside of residence, the phrase in the Complaint reading "with expired license or permit to carry outside residence . . ." being "merely descriptive of the alleged unlicensed nature of the firearm."

    Petitioner concludes that since he had authority to carry firearm, it was error to convict him. He cites the appellate court's following disquisition as crediting his defense that he had authority to carry firearms, viz:

    It must be stated at the outset that petitioner was charged of violation of RA 8294 or Unauthorized Carrying of Licensed Firearm Outside of Residence. His conviction by the courts below is based on their finding that although petitioner had a mission order which authorized him to carry the firearm issued to him, the same already expired as of July 26, 2000.ςηαñrοblεš νιr†υαl lαω lιbrαrÿ

    We qualify.

    The courts below committed an error when they said that the authority of petitioner to carry firearm outside residence expired on July 26, 2000, hence when petitioner carried his issued firearm on 18 August 2000, he did so without authority. Mission Order No. 00352000 dated July 26, 2000 issued to petitioner allowed him to carry his issued firearm Pistol Cal. 45 with him, which mission order is good for sixty (60) days from issuance thereof.4 x x x (Italics in the original, emphasis and underscoring supplied)

    Petitioner's argument fails.

    Section 6, Rule 110 of the Rules of Court provides:

    SEC. 6. Sufficiency of complaint or information. - A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.

    When an offense is committed by more than one person, all of them shall be included in the complaint or information. (Emphasis and underscoring supplied)cralawlibrary

    The allegations in a Complaint or Information determine what offense is charged. The alleged acts or omissions complained of constituting the offense need not be in the terms of the statute determining the offense, but in such form as is sufficient to enable a person of common understanding to know what offense is being charged as well as the qualifying and aggravating circumstances and for the court to pronounce judgment.5

    The earlier-quoted Complaint alleged that the "accused willfully, unlawfully and feloniously possess [sic] one (1) unit Pistol Cal. 45 with serial number 670320 [and] entered . . . the residence of Christopher Rivas at Lianga, Surigao del Sur with expired license or permit to carry outside residence."6 The words used to indicate or describe the offense charged '' that petitioner unlawfully carried his firearm outside his residence because he had no permit for the purpose '' are clear. They are self-explanatory.

    Petitioner cannot seriously claim that his constitutional right to be informed of the nature and cause of the accusation against him was violated. For the transcript of stenographic notes of the proceedings before the trial court shows that he, through his counsel, was duly informed of the nature of the case against him:

    Court:

    You intend to file a motion for investigation?cralawred

    Atty. Cadiz: [herein petitioner's counsel]

    Yes, Your Honor.

    Court:

    On what ground?cralawred

    Atty. Cadiz:

    On the ground that based on the evidence that we presented, Your Honor, like counter-affidavit, it seems to be the ground for the further proceedings of this case because the case filed against the accused is merely unauthorized(d) carrying of firearms outside the residence, and the accused is covered by mission order and the evidence submitted, Your Honor, which we take that it is not necessary to prosecute this case, because this case is summary in nature, Your Honor. We will submit a necessary motion for reinvestigation of this case.7 (Emphasis and underscoring supplied)cralawlibrary

    It bears noting that petitioner does not challenge his having been found guilty of violating Section 1 of P.D. No. 1866 (DECREE CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR EXPLOSIVES) as amended by R.A. No. 8294 which provides:

    SECTION 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms or Ammunition. - The penalty of prision correccional in its maximum period and a fine of not less than Fifteen thousand pesos (P15,000) shall be imposed upon 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 or 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.

    x x x

    The penalty of arresto mayor shall be imposed upon any person who shall carry any licensed firearm outside his residence without legal authority therefor. (Italics in the original; emphasis and underscoring supplied)

    Petitioner, however, justifies, his carrying of the firearm outside his residence with the 60-day July 26, 2000 Mission Order issued to him by the NBI.

    Petitioner is mistaken. Permit to carry firearm is not the same as permit to carry licensed firearm outside one's residence. Under the Implementing Rules and Regulations of P.D. No. 1866, a Mission Order is defined as "a written directive or order issued by government authority as enumerated in Section 5 hereof to persons who are under his supervision and control for a definite purpose or objective during a specified period and to such place or places as therein mentioned which may entitle the bearer thereof to carry his duly issued or licensed firearms outside of residence when so specified therein."

    The Mission Order issued to petitioner authorized him to carry firearms "in connection with confidential (illegible) cases assigned to [him]." Admittedly, petitioner was at Rivas' restaurant in connection with a private business transaction. Additionally, the Mission Order did not authorize petitioner to carry his duly issued firearm outside of his residence.

    At all events, Sayco v. People,8 citing Section 6(a) of The Implementing Rules and Regulations of P.D. No. 1866 and Memorandum Circular No. 8 dated October 16, 1986 issued by the Department (then Ministry) of Justice, should put to rest any nagging doubts on the liability of petitioner, a confidential civilian agent who was not shown to be in the regular plantilla of the NBI.

    First, special or confidential civilian agents who are not included in the regular plantilla of any government agency involved in law enforcement or receiving regular compensation for services rendered are not exempt from the requirement under P.D. No. 1866, as amended by R.A. No. 8294, of a regular license to possess firearms and a permit to carry the same outside of residence.

    x x x

    Third, said special or confidential civilian agents do not qualify for mission orders to carry firearms (whether private-owned or government-owned) outside of their residence.

    x x x x (Italics in the original; underscoring supplied)

    As for petitioner's claim that he was searched without a warrant to thus render the firearm seized inadmissible in evidence, the same fails.

    For even assuming arguendo that, as claimed by petitioner, his firearm was tucked inside his shirt, the plain view doctrine, of which the following requirements which must concur, viz: (1) the law enforcement officer has a prior justification for the intrusion, (2) the discovery of the evidence in plain view is inadvertent, and, (3) the illegality of the evidence observed in plain view is apparent to the apprehending officer,9 justified the intervention by the police officers in petitioner's and Rivas' heated arguments in the course of which they noticed the suspicious bulging object on petitioner's waist to draw them to check what it was.

    WHEREFORE, the Petition for Review is DENIED.

    SO ORDERED.

    Endnotes:


    * Additional member per Special Order No. 691 dated September 4, 2009.

    1 Records, p. 14

    2 Records, p. 12.

    3 Penned by Associate Justice Jane Aurora C. Lantion with the concurrence of Associate Justices Teresita Dy-Liacco Flores and Romulo V. Borja.

    4 Rollo, p. 38

    5 Section 9, Rule 110, Rules of Court.

    6 Underscoring supplied.

    7 TSN, March 15, 2001, p. 11.

    8 G.R. No. 159703, March 3, 2008, 547 SCRA 368, 385-386.

    9 People v. Go, G.R. No. 144639, September 12, 2003, 411 SCRA 81.

    G.R. No. 179319 - Eugene C. Firaza v. People of the Philippines


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