Court of Appeals: Special Twelfth (12) Division
Court of Appeals: Special Twelfth (12) Division
Court of Appeals: Special Twelfth (12) Division
Court of Appeals
Manila
GENOELLE SALAGUBANG y
CUSTODIO and JONATHAN
CAMAJEN y SUYAT,
Accused,
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DECISION
LEGASPI, G. F. D., J.:
Before this Court is an appeal1 under Rule 122 of the Rules of Court
from the Decision2 dated February 23, 2018 (assailed Decision) and the
Resolution3 dated May 4, 2018 (assailed Resolution) of the Regional Trial
Court (RTC) of Tayug, Pangasinan Branch 51 in Criminal Case No. T-6292
for violation of Commission on Elections (COMELEC) Resolution No.
10015.
On January 30, 2016, PO2 Almerol, SPO1 Cudal and PO3 Gudy
Abella, Jr. (PO3 Abella) were manning a COMELEC gun ban checkpoint
along the national road of Barangay Caurdenataan, Umingan, Pangasinan.
Around 3:20 a.m., PO2 Almerol saw an uncovered firearm on the lap of a
backrider on board a motorcycle. Immediately, PO2 Almerol flagged down
the motorcycle. The driver was identified as Salagubang and the backrider as
5 Id., p. 1.
6 See assailed Decision, pp. 1-2, Rollo, pp. 57-58.
7 Records, p. 17.
8 See Order dated March 7, 2016, Records, pp. 20-22.
9 See joint affidavit of arrest, Records, p. 6; Transcript of Stenographic Notes (TSN) dated June 8, 2016,
pp. 3-6.
10 See joint affidavit of arrest, Records, p. 6; TSN dated August 9, 2016, pp. 2-6.
11 See TSN dated May 25, 2016, pp. 4-7.
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12 Records, p. 7.
13 Records, p. 5.
14 Records, p. 8.
15 See appellant's brief, p. 7, Rollo, p. 48.
16 See TSN dated July 26, 2017, p. 3-19.
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As regards Criminal Case No. T-6292, this Court, however, finds accused
JONATHAN CAMAJEN y SUYAT GUILTY of Violation of COMELEC
RESOLUTION NO. 10015 and sentences him to an indeterminate prison
term of One (1) Year, as minimum, to Two (2) Years, as maximum, without
eligibility for probation. Moreover, he shall be disqualified to hold public
office and deprived of the right to suffrage. Finally, the subject firearm and
ammunition shall be confiscated and forfeited in favor of the government,
and disposed of in accordance with law.
SO ORDERED.”17
Assignment of Errors
Our Ruling
“RULE II
GENERAL PROVISIONS
circumstance of weight and influence has not been considered. Absent any
showing that the trial judge overlooked, misunderstood, or misapplied some
facts or circumstances of weight which would affect the result of the case, or
that the judge acted arbitrarily, his assessment of the credibility of witnesses
deserves high respect by appellate courts.22
Under the plain view doctrine, objects falling in the “plain view” of an
officer who has a right to be in the position to have that view are subject to
seizure and may be presented as evidence. The plain view doctrine applies
when the following requisites concur: (a) the law enforcement officer in
search of the evidence has a prior justification for an intrusion or is in a
position from which he can view a particular area; (b) the discovery of the
evidence in plain view is inadvertent; and (c) it is immediately apparent to
the officer that the item he observes may be evidence of a crime, contraband
or otherwise subject to seizure.23
All the foregoing requirements are present in the instant case. PO2
Almerol, SPO1 Cudal and PO3 Abella lawfully made an initial intrusion to
enforce the gun ban during an election period. They were in a position by
means of the checkpoint from which they can view the piece of evidence
incriminating accused-appellant. The rifle was in plain view and discovered
inadvertently when accused-appellant and Salagubang went to the
checkpoint.
Under Batas Pambansa (B.P.) Blg. 881 or the Omnibus Election Code,
the burden to adduce evidence that accused is exempt from the COMELEC
gun ban, lies with accused-appellant.24 Section 261 of B.P. Blg. 881, as
originally worded, provides:
SO ORDERED.
ORIGINAL SIGNED
GERMANO FRANCISCO D. LEGASPI
Associate Justice
WE CONCUR:
ORIGINAL SIGNED
FRANCHITO N. DIAMANTE
Associate Justice
ORIGINAL SIGNED
CARLITO B. CALPATURA
Associate Justice
25 See People of the Philippines vs. Alcala, G.R. No. 201725, July 18, 2014.
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CERTIFICATION
ORIGINAL SIGNED
FRANCHITO N. DIAMANTE
Associate Justice
Chairperson, Special Twelfth Division