G.R. No. 232147 , June 08, 2020
Arturo Sullano y Santia, Petitioner, vs. People of the Philippines, Respondent.

FACTS

Petitioner Arturo Sullano y Santia was charged with violating the gun ban during the 2010 election period under Batas Pambansa Bilang 881 (Omnibus Election Code) in relation to COMELEC Resolution No. 8714. The information alleged that on February 11, 2010, in Malay, Aklan, he willfully and unlawfully possessed and carried one Colt M1911A1 caliber pistol, three magazines, and fifteen live ammunition without authority or exemption. The prosecution established that police officers, acting on an anonymous tip, flagged down a Ceres bus. On board, Police Senior Inspector Lory Tarazona saw the handle of a pistol protruding from Sullano’s half-open belt bag. Sullano was asked to alight, and a search yielded the firearm and ammunition. He failed to present authority to possess the firearm. Sullano denied the charges, claiming the police found a bag containing a firearm after frisking him and finding nothing on his person, and that the checkpoint was improperly conducted without signage. The Regional Trial Court convicted him. The Court of Appeals affirmed the conviction with a modified penalty.

ISSUE

The primary issues are: (1) whether the warrantless arrest and subsequent search of Sullano were valid; (2) whether the checkpoint conducted was legal; and (3) whether Sullano can be held criminally liable under COMELEC Resolution No. 8714.

RULING

The Supreme Court denied the petition and affirmed the conviction.
1. On the legality of the warrantless arrest and waiver of objection: Sullano’s challenge to the legality of his warrantless arrest was raised too late. By entering a plea of “Not Guilty” during arraignment and actively participating in the trial without previously moving to quash the information on the ground of illegal arrest, he voluntarily submitted to the jurisdiction of the trial court and was deemed to have waived any defect in his arrest.
2. On the validity of the checkpoint and search: The checkpoint was validly conducted pursuant to the COMELEC gun ban. Checkpoints for public order, conducted in the least intrusive manner, are permissible to enforce the ban. The search of the bus and Sullano was reasonable. Following Saluday v. People, a bus may be flagged down at designated checkpoints for routine inspection. PSI Tarazona saw the gun handle in plain view, which justified Sullano’s arrest in flagrante delicto and the subsequent search. The evidence obtained was admissible.
3. On criminal liability under COMELEC Resolution No. 8714: Sullano’s argument that the Resolution cannot be a source of penal liability is without merit. COMELEC Resolution No. 8714, which implemented the gun ban, was issued pursuant to the rule-making authority granted by Republic Act No. 7166 (Synchronized Elections Law). Violation of a valid COMELEC resolution promulgated under such authority constitutes an election offense under the Omnibus Election Code. The information sufficiently charged him with violating BP Blg. 881 in relation to the COMELEC Resolution.
The Court found the prosecution proved Sullano’s guilt beyond reasonable doubt. He was caught in possession of a firearm during the election period and failed to present written authority from the COMELEC. His denial could not prevail over the positive testimonies of the police witnesses, who were presumed to have performed their duties regularly.