SECOND DIVISION
[G.R. No. 241802. November 5, 2018.]
RED CASTILLO y SERRANO, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated05 November2018which reads as follows:
"G.R. No. 241802 (Red Castillo y Serrano v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the May 31, 2018 Decision 2 and the August 20, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CR No. 39606 finding petitioner Red Castillo y Serrano (petitioner) GUILTY beyond reasonable doubt of the crime of violation of Section 261 (q) 4 of Batas Pambansa Blg. 881, 5 as amended by Section 32 6 of Republic Act No. 7166, 7 in relation to Commission on Elections (COMELEC) Resolution No. 9561-A, 8 or more commonly known as the "Election Gun Ban," and accordingly, imposed upon him: (a) the penalty of imprisonment for an indeterminate period of two (2) years of prision correccional, as minimum, to four (4) years of prision correccional, as maximum; (b) a fine in the amount of P10,000.00; and (c) the accessory penalties of disqualification to hold public office and deprivation of the right to suffrage.
As correctly ruled by the CA, all the elements of the crime charged 9 are present, considering that petitioner: (a) was found in possession of a firearm with six (6) live ammunition; 10(b) possessed the same during the election period for the May 2013 National and Local Elections, i.e., January 13, 2013 to June 12, 2013; 11 and (c) had no written authority to possess a firearm during said election period, as certified by the COMELEC. 12 Since there is no indication that the said courts overlooked, misunderstood, or misapplied the surrounding facts and circumstances of the case, the Court finds no reason to deviate from their factual findings. In this regard, it should be noted that the trial court was in the best position to assess and determine the credibility of the witnesses presented by both parties. 13 HCaDIS
SO ORDERED." (REYES, J., JR., J., designated Additional Member per Special Order No. 2587 dated August 28, 2018; on official leave.)
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 12-26.
2.Id. at 30-45. Penned by Associate Justice Rafael Antonio M. Santos with Associate Justices Apolinario D. Bruselas, Jr. and Ma. Luisa C. Quijano-Padilla, concurring.
3.Id. at 47-49.
4. Section 261. Prohibited Acts. — The following shall be guilty of an election offense:
xxx xxx xxx
(q) Carrying firearms outside residence or places of business. — Any person who, although possessing a permit to carry firearms, carries any firearms outside his residence or place of business during the election period, unless authorized in writing by the Commission: Provided, That a motor vehicle, water or air craft shall not be considered a residence or place of business or extension hereof.
xxx xxx xxx
5. Entitled the "OMNIBUS ELECTION CODE OF THE PHILIPPINES" (December 3, 1985).
6. Paragraph 1, Section 32 of Republic Act No. 7166 reads:
Section 32. Who May Bear Firearms. — During the election period, no person shall bear, carry or transport firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, even if licensed to possess or carry the same, unless authorized in writing by the Commission. The issuance of firearms licenses shall be suspended during the election period.
7. Entitled "AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR OTHER PURPOSES," approved on November 26, 1991.
8. Entitled "RULES AND REGULATIONS ON: (1) THE BAN ON BEARING, CARRYING OR TRANSPORTING OF FIREARMS OR OTHER DEADLY WEAPONS; AND (2) THE EMPLOYMENT, AVAILMENT OR ENGAGEMENT OF THE SERVICES OF SECURITY PERSONNEL OR BODYGUARDS DURING THE ELECTION PERIOD FOR THE MAY 13, 2013 AUTOMATED SYNCHRONIZED NATIONAL, LOCAL ELECTIONS AND ARMM REGIONAL ELECTIONS, AS AMENDED," promulgated on December 4, 2012.
9. "[T]he elements for a violation of the Gun Ban [are as follows]: '1) the person is bearing, carrying, or transporting firearms or other deadly weapons; 2) such possession occurs during the election period; and 3) the weapon is carried in a public place.' This court also ruled that under the Omnibus Election Code, the burden to show that he or she has a written authority to possess a firearm is on the accused. (Dela Cruz v. People, 776 Phil. 653, 691-692 [2016], citing Abenes v. CA, 544 Phil. 614, 632-633 [2007].)
10. See rollo, pp. 41-42.
11. See id. at 43.
12. See id. at 40.
13. See Cahulogan v. People, G.R. No. 225695, March 21, 2018, citing Peralta v. People, G.R. No. 221991, August 30, 2017.