SECOND DIVISION
[G.R. No. 251408. June 23, 2021.]
FLORENTINO SANTOS y CABALSA, 1petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 23 June 2021 which reads as follows:
"G.R. No. 251408 (Florentino Santos y Cabalsa v. People of the Philippines). — The Court resolves to:
1. GRANT the Office of the Solicitor General's motion for extension of sixty (60) days from 24 December 2020 within which to file comment on the petition for review on certiorari, and
2. NOTE aforesaid comment dated 22 February 2021.
In seeking a verdict of acquittal from the charge of Violation of Section 28 (a) of Republic Act No. 10591 (RA 10591), otherwise known as "An Act Providing for a Comprehensive Law on Firearms and Ammunition," Florentino Santos y Cabalsa (petitioner) raises the same factual issues already raised and passed upon in full by the Court of Appeals pertaining to the circumstances of his arrest, his possession of the firearm, and the certificate of no license issued by the Philippine National Police (PNP).
Under a Rule 45 petition, the Court, not being a trier of facts, will not take cognizance of these factual issues, much less recalibrate the evidence on record. More, the factual findings of the trial court on the credibility of the witnesses are generally accorded the highest degree of respect, especially when affirmed by the Court of Appeals, as in this case. For the trial court is in the best position to ascertain the facts and determine the credibility of the evidence presented during the trial. 2 There is here no compelling reason to depart from this rule.
Thus, we adhere to the factual findings of the trial court that while manning a checkpoint along J. Luna Street corner Baler Street, Barangay Bungad, Quezon City in connection with "Oplan Sita," SPO1 Rodel Cadiz (SPO1 Cadiz) and his team spotted a motorcycle driven by a man who turned out to be petitioner. Seated on the pillion was Alvin Del Rosario (Rosario). Both were not wearing a helmet. This caused the police to flag them down. As the police approached the motorcycle, SPO1 Cadiz noticed a firearm handle protruding from the side of petitioner's waist. SPO1 Cadiz immediately disarmed petitioner and asked for his driver's license and permit for the gun. When petitioner failed to produce any document for the gun, SPO1 Cadiz arrested him and his passenger. They were brought to the police station for investigation. Thereafter, the seized items were turned over to police investigator PO3 Jonathan Bustarde (PO3 Bustarde). 3
The PNP Firearms and Explosive Office (PNP-FEO) at Camp Crame issued a Certification dated November 7, 2014 that petitioner "is not a licensed/registered firearm holder of any kind or caliber per verification from records of this office as of this date." 4
In view of the foregoing considerations, the verdict of conviction against petitioner for Violation of Section 28 (a) of RA 10591, otherwise known as "An Act Providing for a Comprehensive Law on Firearms and Ammunition" is affirmed.
Computation of Penalty
Petitioner is charged with illegal possession of one (1) .45 caliber gun loaded with one (1) magazine containing seven rounds of ammunition. Section 28 (e) of RA 10591 provides for the penalty therefor, viz.:
Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. — The unlawful acquisition, possession of firearms and ammunition shall be penalized as follows:
(a) The penalty of prisionmayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a small arm;
xxx xxx xxx
(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this section shall be imposed upon any person who shall unlawfully possess any firearm under any or combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;
xxx xxx xxx (Emphases supplied)
One degree higher than prisionmayor in its medium period is prisionmayor in its maximum period, ranging from ten (10) years and one (1) day to twelve (12) years.
Applying the Indeterminate Sentence Law, there being no mitigating or aggravating circumstances, the maximum penalty should be within the range of ten (10) years, eight (8) months and one (1) day to eleven (11) years and four (4) months of prisionmayor maximum and the minimum penalty should be within the range of prisionmayor medium which is eight (8) years and one (1) day to ten (10) years. Hence, petitioner should be sentenced to eight (8) years and one (1) day of prisionmayor, as minimum, to ten (10) years, eight (8) months and one (1) day of prisionmayor, as maximum.
WHEREFORE, the petition is DENIED. The Decision dated May 20, 2019 and Resolution dated January 16, 2020 of the Court of Appeals in CA-G.R. CR No. 38185 is AFFIRMED with MODIFICATION.
Petitioner Florentino Santos y Cabalsa is found guilty of violation of Section 28 (a) of Republic Act No. 10591, otherwise known as "An Act Providing for a Comprehensive Law on Firearms and Ammunition." He is sentenced to eight (8) years and one (1) day of prisionmayor, as minimum to ten (10) years, eight (8) months and one (1) day of prisionmayor, as maximum.
SOORDERED." (Rosario,J., no part as he concurred in the assailed Court of Appeals decision and resolution; Zalameda, J., designated additional member per Raffle dated 6 May 2021)
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. Also known as "Florentino C. Santos, Jr."
2. See Mendoza v. People, G.R. No. 234196, November 21, 2018.
3.Rollo, pp. 71-72.
4.Id. at 72.