Professional Documents
Culture Documents
R e g i o n a l Tr i a l C o ur t
S i x t h J u d i c i a l Re g i o n
B r a n c h 1 , I lo i l o C i t y
versus
ROGER GONZALES Y PENACHOS,
Accused.
Page 2 of 11
Pursuant to the
Notice of this Honorable Court,
Plaintiff-Appellee
PEOPLE OF THE PHILIPPINES
APPELLEES BRIEF
SUBJECT INDEX
Table of Authorities
Preliminary Statement of the Case
Statement of Issues Presented
Statement of Facts
Counter-Arguments
Arguments
Conclusion
Prayer
4
5
6
6
9
9
11
12
Page 3 of 11
TABLE OF AUTHORITIES
Jurisprudence__________________ ________________________________
Malacat vs. CA, G.R. No. 123595, December 12, 1997
People vs Chua, G.R. No. 136066-67, February 4, 2003
Terry vs Ohio, 392 U.S. June 10, 1968
__________________________Page_
R e p u b l i c o f th e P h i l i p p i n e s
R e g i o n a l Tr i a l C o ur t
Page 4 of 11
S i x t h J u d i c i a l Re g i o n
B r a n c h 1 , I lo i l o C i t y
versus
Section 1. Sec.1 Presidential Decree No. 1866 , as amended, is hereby further amended to read as follows:
Sec. 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 prisioncorreccional 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,
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. (As amended
by R.A. No. 8294)
Page 5 of 11
Record, p.1.
Page 6 of 11
Record, p. 47, assisted by Atty. Gualberto V. Catalua, Jr., Counsel of Record for the accused.
TSN dated April29, 2009
5
TSN dated July 1, 2009
6
TSN, April 29, 2009, p. 5.
7
TSN, July 1, 2009, p. 5.
8
Id, p. 6,
9
TSN, August 6, 2010, p. 6.
10
TSN, July 1, 2009, p. 6; TSN, April 29, 2009, p. 6.
11
TSN, April 29, 2009, p. 6.
12
Id, Exhibit D
13
Id, p. 8.
14
Id.
15
Id.
16
Exhibit D-1.
4
Page 7 of 11
COUNTER-ARGUMENTS
Plaintiff-appellee raises the following counter-arguments to the
assignment of errors raised by the accused-appellant:
17
Page 8 of 11
Page 9 of 11
The second element states that it must serve a two-fold interest- (a)
the general interest of effective crime prevention and detection, which
underlies the recognition that a police officer may, under appropriate
circumstances and in an appropriate manner, approach a person for purposes
of investigating possible criminal behavior even without probable cause, and
(b) the more pressing interest of safety and self-preservation which permit
the police officer to take steps to assure himself that the person with whom
he deals is not armed with a deadly weapon that could unexpectedly and
fatally be used against the police officer.20
The police officers have sufficient genuine reason to stop the accused
to investigate if he was actually possessed a firearm when Helie complained
to them that accused-appellant was armed and threatening her.
Afterwards, accused-appellant was asked to open his knapsack then
something bulging was eyed by the police officer. When asked what was
bulging, he voluntarily surrendered the short-barreled gun.
The last element, the seizure must precede the arrest.21
Upon surrendering the short-barreled gun, the accused-appelllant was
asked for a license to possess and carry firearm but the accused failed to
show. Hence, the police officers arrested the accused-appellant.
Although, the testimony of SPO1Gaddi22 is enough to warrant
conviction, it was corroborated by the testimony of PO1 Tabuada. 23 They
even presented the short-barreled shotgun24 and one live ammunition.25
20
Page 10 of 11
The Revised Penal Code provides that a penalty was correctly applied
as it is if it is within the provision of penalties provided by the Special Law.
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
VIEWED IN THE FOREGOING LIGHT, it is respectfully prayed
for that the instant appeal be DENIED for lack of merit and the decision of
the Municipal Trial Court, Branch 10 be affirmed in toto.
Page 11 of 11
Other relief and remedies as are just and equitable, are likewise
prayed for.
January 17, 2014
Iloilo City, Philippines
ILOILO CITY PROSECUTION OFFICE
Ramon Avancena Building, Bonifacio Street,
Iloilo City, Philippines
By