G.R. No. 255668 , January 10, 2023
JEREMY REYES Y COLLANO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

This case stemmed from four Informations filed before the Regional Trial Court (RTC). Petitioner Jeremy Reyes y Collano was charged with Illegal Possession of Firearms and Ammunition under RA 10591. He and Lorenz Christian Alano were also charged with Illegal Sale of Dangerous Drugs under RA 9165, while Alano was separately charged with Illegal Possession of Dangerous Drugs and Illegal Possession of Drug Paraphernalia. The prosecution alleged that on March 25, 2017, a buy-bust operation was conducted against Reyes based on a tip. PO1 Genesis Tolentino, as poseur-buyer, bought marijuana from Reyes inside his house. Upon the consummation of the sale, Reyes was arrested and frisked, leading to the recovery of the buy-bust money and an improvised gun loaded with ammunition. A certification from the Firearms and Explosives Office confirmed Reyes had no license for any firearm. Reyes denied the charges, claiming he was at Alano’s house for a bible study when armed men forcibly entered, planted evidence, and assaulted him. The RTC, in a Joint Judgment, convicted Reyes of Illegal Possession of Firearms and Ammunition but acquitted him and Alano of all drug-related charges due to the prosecution’s failure to establish the chain of custody. The RTC’s conviction was affirmed by the Court of Appeals. Reyes elevated the case to the Supreme Court via a Petition for Review on Certiorari.

ISSUE

Whether the Court of Appeals erred in finding petitioner Jeremy Reyes y Collano guilty beyond reasonable doubt of Illegal Possession of Firearms and Ammunition under Section 28(a) in relation to Section 28(e)(1) of RA 10591.

RULING

The Supreme Court DENIED the petition but MODIFIED the penalty. The Court found the petition unmeritorious and affirmed the conviction. The prosecution successfully established all elements of Illegal Possession of Firearms and Ammunition: (1) the existence of the subject firearm (an improvised gun loaded with ammunition), and (2) the fact that the accused possessed it without the corresponding license or permit, as certified by the Firearms and Explosives Office. The Court held that the search and seizure of the firearm were valid as incidental to a lawful arrest following a buy-bust operation. The inconsistencies in the testimony of PO1 Tolentino regarding the specific name of the gun were deemed immaterial, as he positively identified the seized improvised firearm in court, corroborated by photographs. The defense of denial and frame-up could not prevail over the positive identification by the police officer. However, the Supreme Court modified the penalty imposed. Applying the Indeterminate Sentence Law and relevant jurisprudence, the Court sentenced Reyes to an indeterminate penalty of eight (8) years and one (1) day of prision mayor, as minimum, to ten (10) years, eight (8) months, and one (1) day of prision mayor, as maximum.