GR 265123; (July, 2024) (Digest)
G.R. No. 265123 , July 29, 2024
PEOPLE OF THE PHILIPPINES, PETITIONER, VS. RONNEL BUENAFE BERCADEZ, RESPONDENT.
FACTS
Respondent Ronnel Buenafe Bercadez was charged before the Metropolitan Trial Court (MeTC) with violation of Batas Pambansa Blg. 6 (B.P. Blg. 6) for allegedly carrying a knife outside his residence, not as a necessary tool for livelihood. The Information did not allege that the act was in furtherance of, or to abet, or in connection with subversion, rebellion, insurrection, lawless violence, criminality, chaos, or public disorder. Bercadez moved to quash the Information, arguing it failed to state an offense because it omitted this essential element derived from Presidential Decree No. 9 ( P.D. No. 9 ), which B.P. Blg. 6 amended. The MeTC granted the motion, quashing the Information without prejudice. The prosecution’s petition for certiorari to the Regional Trial Court (RTC) was granted, reversing the MeTC and reinstating the case. On appeal, the Court of Appeals (CA) reversed the RTC and reinstated the MeTC Resolutions, agreeing that the Information was defective for lacking the second element. The Office of the Solicitor General (OSG) filed a Petition for Review on Certiorari before the Supreme Court, insisting B.P. Blg. 6 removed the second element as an essential component of the offense.
ISSUE
Whether the Court of Appeals erred in ruling that the Information charging Bercadez with violation of B.P. Blg. 6 was defective for failing to allege that the carrying of the bladed weapon was in furtherance of, or to abet, or in connection with subversion, rebellion, insurrection, lawless violence, criminality, chaos, or public disorder.
RULING
The Supreme Court DENIED the Petition, affirming the CA’s Decision. The Court held that B.P. Blg. 6 is a mere amendatory law to P.D. No. 9 and did not create a new offense. The essential elements of the crime, as established in People v. Purisima and People v. Lasanas, remain: (1) the carrying outside one’s residence of any bladed, blunt, or pointed weapon, not used as a necessary tool or implement for livelihood or in pursuit of a lawful activity; and (2) the act was in furtherance of, or to abet, or in connection with subversion, rebellion, insurrection, lawless violence, criminality, chaos, or public disorder. Since the Information filed against Bercadez lacked the allegation of the second element, it failed to charge an offense. The MeTC correctly quashed the Information. The Court further noted that the prosecution could file a new information alleging the proper offense.