GR 247401; (December, 2022) (Digest)
G.R. No. 247401 , December 05, 2022
Romeo Bacod y Mercado, Petitioner, vs. People of the Philippines, Respondent.
FACTS
Petitioner Romeo Bacod y Mercado was charged with Highway Robbery, Illegal Possession of Firearms (violation of Section 28(a) in relation to Section 28(e-1) of RA 10591), and Illegal Possession of Explosives (violation of PD 1866, as amended by RA 9516). The charges stemmed from an incident on April 20, 2015, where a truck carrying laundry soap was hijacked by men in police uniforms. The truck driver, Ernesto Oite, and his helper, Michael Rosas, escaped and reported the incident at a police checkpoint. Police officers pursued and intercepted the truck on Pureza Street. Bacod, who was in the passenger seat of the truck, was arrested. During a frisk, a .45-caliber pistol with ammunition was found tucked in his waist. A sling bag he was carrying was opened, revealing a hand grenade. Bacod denied the charges, testifying that he was merely a mechanic asked to fix the truck and that the firearms and explosives were planted. The Regional Trial Court (RTC) acquitted Bacod of robbery but convicted him for illegal possession of firearms and explosives. The Court of Appeals (CA) affirmed the RTC’s decision.
ISSUE
Whether the Court of Appeals erred in affirming Bacod’s conviction for Illegal Possession of Firearms and Illegal Possession of Explosives.
RULING
The Supreme Court denied the petition and affirmed the CA’s decision. The Court held that all elements of illegal possession of firearms and explosives were proven beyond reasonable doubt. Bacod was found in possession of a .45-caliber pistol and a hand grenade without the necessary license or permit. The prosecution established an unbroken chain of custody over the seized items, and the arresting officers were presumed to have regularly performed their duties. Bacod’s denial and claim of frame-up, unsupported by clear and convincing evidence, could not prevail over the positive testimonies of the police officers. The penalties imposed by the CA were modified in accordance with applicable laws: for illegal possession of firearms, an indeterminate sentence of 8 years and 1 day of prision mayor medium as minimum to 11 years of prision mayor maximum as maximum; for illegal possession of explosives, an indeterminate sentence of 16 years and 1 day of reclusion temporal medium as minimum to 20 years as maximum.