65. People vs. Figueroa 248 SCRA 679 Facts: The The accu accuse sed d Artur rturo o Figu Figuer eroa oa was was char charge ged d with with Ille Illega gall Possession of Firears and Aunitions Aunitions and and of RA 64! and su"se#uentl$ con%icted "$ the RTC &r' 2( of Trece )artires in Ca%ite' *hil *hile e ser% ser%in ing g the the warr warran antt of arre arrest st++ the the offi office cers rs noti notice ced+ d+ strew strewn n arou around nd++ alu aluin inu u foil foil ,ac,ac-ag ages es of diff differ eren entt si.e si.es s in the the sala sala'' Sus,ecting thus the ,resence of /sha"u/ in the ,reises+ the arresting offi officer cers s re#ue re#ueste sted d a,,ell a,,ellan ant+ t+ as well well as his his "rothe "rotherr and sister sister++ to ac#uiesce to a search of the house' The search $ielded a '4!cali"er ,ist ,istol ol++ a aga aga.i .ine ne++ se%e se%en n li%e li%e au auni niti tion ons+ s+ and and a atc atch h "o0 "o0 cont contai aini ning ng an alu aluin inu u foil foil ,ac-a ,ac-age ge with with /sha" /sha"u' u'// Conf Confro ront nted ed++ Figueroa denied ownershi, of the ites' An in%entor$ was conducted "$ the PC tea+ attested to "$ &aranga$ Ca,tain &igornia+ of the sei.ed ites' The accused #uestions the adissi"ilit$ in e%idence of the firear and confiscated aunition for it was disco%ered during a warrantless search' Issue: *hether or not there was an unlawful warrantless search and sei.ure' Held: 1o' the search and sei.ure of the articles sought is a %alid "eing a search incidental to an arrest' The '4! cali"er ,istol+ aga.ine and rounds of aunition were not unlawfull$ o"tained' *hile the SC ight ight conced concede e diff difficu icult$ lt$ in readil readil$ $ acce,t acce,ting ing the state stateen entt of the ,rosecution that the search was conducted with consent freel$ gi%en "$ a,,ellant and e"ers of his household+ it should "e ,ointed out+
in an$ case+ that the search and sei.ure was done adittedl$ on the occasion of a lawful arrest' A significant e0ce,tion fro the necessit$ for a search warrant is when the search and sei.ure is effected as an incident to a lawful arrest' As a doctrine in uris,rudence+ the warrantless search and sei.ure+ as an incident to a sus,ect3s lawful arrest+ a$ e0tend "e$ond the ,erson of the one arrested to include the ,reises or surrounding under his iediate control' "ects in the 5,lain %iew3 of an officer who has the right to "e in the ,osition to ha%e that %iew are su"ect to sei.ure and a$ "e ,resented as e%idence'
FULL TEXT Re,u"lic of the Phili,,ines SUPREME !URT )anila TIR IISI1
".R. #o. $%&'( !cto)er *+ &$$5 PE!PLE !F THE PHILIPPI#ES+ ,laintiffa,,ellee+ %s' ,RTUR! FI"UER!,+ accuseda,,ellant'
-ITU"+ J.: Arturo Figueroa was charged with Illegal Possession of Firear and Aunition in an inforation that read:
The undersigned Assistant Cit$ Prosecutor accuses ART;R FI<;=RA of the crie of Illegal Possession of the Firear and Aunition+ coitted as follows: That on or a"out the >?th da$ of 1o%e"er >989 at San Francisco Su"di%ision+ &rg$' San @uan+ )unici,alit$ of B ,istol cal' 4! with defaced serial nu"er with one aga.ine and se%en 7B li%e aunitions for the said firear without first ha%ing o"tained the necessar$ ,erit or license fro co,etent authorit$ to ,ossess the sae' & *hen arraigned+ the accused entered a ,lea of /1ot ? 1o%e"er >989+ at around se%en o3cloc- in the orning+ Ca,tain odi%ino Rosario+ the =0ecuti%e fficer of the 2>!th PC Co,an$+ and his en arri%ed at the residence of accused Arturo Figueroa at &aranga$ San @uan+ San Francisco Su"di%ision+ > and Criinal Case 1o' 4>2 for the crie of Illegal Possession of Aunitions and for iolation of Section >6+ Art' III+ Re,u"lic Act 642!B' *hile ser%ing the warrant of arrest+ the officers noticed+ strewn around+ aluinu foil ,ac-ages of different si.es in the sala' Sus,ecting thus the ,resence of /sha"u/ in the ,reises+ the arresting officers re#uested a,,ellant+ as well as his "rother and sister+ to ac#uiesce to a search of the house' The search $ielded a '4! cali"er ,istol+ a aga.ine+ se%en li%e aunitions+ and a atch "o0 containing an aluinu foil ,ac-age with /sha"u'/ Confronted+
Figueroa denied ownershi, of the ites' An in%entor$ was conducted "$ the PC tea+ attested to "$ &aranga$ Ca,tain &igornia+ of the sei.ed ites' The accused+ "esides assailing the credi"ilit$ of the witnesses for the ,rosecution+ #uestioned the adissi"ilit$ in e%idence of the firear and rounds of aunition which+ he clais+ were disco%ered and ta-en during a warrantless search' n (? cto"er >99?+ the trial court rendered a decision finding the accused Arturo Figueroa guilt$' Fro the udgent+ the decretal ,ortion of which reads D *=R=FR=+ the Court finds the accused guilt$ "e$ond reasona"le dou"t of the crie charged and is here"$ sentenced to suffer the ,enalt$ of reclusion perpetua life i,risonentB and to ,a$ the costs' The firear and aunitions are confiscated and forfeited in fa%or of the go%ernent' Ca,t' odi%ino Rosario+ =0ecuti%e fficer+ 2>!th PC Co$+ is here"$ ordered to return to Arturo Figueroa the otorc$cle with )otor =ngine 1o' EI= ?7(!74 ta-en fro the house of the Figueroas on 1o%e"er >?+ >989' * this a,,eal is inter,osed "$ Arturo Figueroa aB reiterating his arguent against the adissi"ilit$ against hi of e%idence sei.ed following a warrantless search and "B challenging anew the credi"ilit$ of the ,rosecution witnesses' The a,,eal cannot "e sustained'
The '4! cali"er ,istol+ aga.ine and rounds of aunition were not unlawfull$ o"tained' *hile we ight concede difficult$ in readil$ acce,ting the stateent of the ,rosecution that the search was conducted with consent freely gi%en "$ a,,ellant and e"ers of his household+ it should "e ,ointed out+ in an$ case+ that the search and sei.ure was done adittedl$ on the occasion of a lawful arrest' ( A significant e0ce,tion fro the necessit$ for a search warrant is when the search and sei.ure is effected as an incident to a lawful arrest ' and 5
so+ in People vs' Musa+ this Court ela"orated thus D
The warrantless search and sei.ure+ as an incident to a sus,ect3s lawful arrest+ a$ e0tend "e$ond the ,erson of the one arrested to include the ,reises or surrounding under his iediate control' "ects in the /,lain %iew/ of an officer who has the right to "e in the ,osition to ha%e that %iew are su"ect to sei.ure and a$ "e ,resented as e%idence' A,,ellant faults the trial court for gi%ing credence to the testion$ gi%en "$ witnesses for the ,rosecution des,ite what he clais to "e inconsistencies in their declarations' A,,ellant ,articularl$ calls attention to the assertion of ,rosecution witness Sgt' Atas+ to the effect that a,,ellant was with a companion inside a roo when arrested and that the sei.ed firear was found under the cushion of the "ed+ against the stateent of Ca,t' Rosario+ another ,rosecution witness+ that a,,ellant was alone when arrested and that the gun was found under a,,ellant3s bed ' *e do not consider these discre,ancies to "e so aor as to warrant a co,lete reection of their #uestioned testion$' It is not unnatural for witnesses of the sae incident to soehow ,ercei%e differentl$ and to there"$ %ar$ in their res,ecti%e accounts of the e%ent' 6 The contradiction of witnesses on inor details is nothing unusual and %
should "e e0,ected' *e see no cogent reason for not according due res,ect to the findings of the trial court on the credi"ilit$ of the witnesses'
Finall$+ it is claied that a,,ellant was ust /fraedu,'/ The conduct of the a,,ellant following his arrest would "elie this allegation' A,,ellant hiself aditted that he failed to co,lain a"out this atter when he was a,,rehended' 1either did he re,ort the socalled /,lanting of the gun/ to the ,olice authorities nor did he "ring it u, "efore the )etro,olitan Trial @udge when he a,,eared for ,reliinar$ in%estigation' In fact+ it would see that the onl$ tie a,,ellant entioned the alleged /fraeu,/ was when he testified at the trial of this case' 1o ,lausi"le reason was gi%en "$ a,,ellant that would ha%e ,ro,ted ,olice authorities to falsel$ i,ute a serious crie against hi' A"sent a strong showing to the contrar$+ we ust acce,t the ,resu,tion of regularit$ in the ,erforance of official dut$' *=R=FR=+ the a,,ealed decision is AFFIR)= in toto' Costs against accuseda,,ellant' S R=R=' Feliciano and Romero, JJ., concur. Melo, J., is on leave. Foot/otes > Rollo+ ,' !' 2 Records+ ,' >?9' ( See Section >2+ Rule >26+ Rules of Court' 4 Al%ero %s' i.on+ 76 Phil' 6(7' ! 2>7 SCRA !97' 6 Peo,le %s' )ala..a"+ >6? SCRA >2('
7 )ercado %s' Court of A,,eals+ 2(4 SCRA 98' 8 Peo,le %s' Ponsica+ 2(? SCRA 87' http://www.lawphil.net/judjuris/juri1995/oct1995/gr_97143_1995.html
