SECOND DIVISION
[G.R. No. 241658. November 5, 2018.]
CPL. ALLAN YTING y GALLARDO, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 05 November 2018which reads as follows:
"G.R. No. 241658 (Cpl. Allan Yting y Gallardo v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM with MODIFICATION the March 27, 2018 Decision 2 and the July 11, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CR No. 01540 for failure of petitioner Cpl. Allan Yting y Gallardo (petitioner) to sufficiently show that the CA committed any reversible error in upholding his conviction for Illegal Possession of Firearms and Ammunition, defined and penalized under Section 28 of Republic Act No. (RA) 10591, 4 otherwise known as the "Comprehensive Firearms and Ammunition Regulation Act." Accordingly, he is sentenced to suffer the indeterminate penalty of imprisonment of ten (10) years and one (1) day of prision mayor, as minimum, to twelve (12) years of prision mayor, as maximum.
As correctly ruled by the CA, the prosecution was able to prove all the elements 5 of Illegal Possession of Firearms and Ammunition, particularly, that petitioner was in possession of a 0.22 caliber revolver loaded with three (3) rounds of cartridge when he was arrested pursuant to a valid warrant, and that he had no license or authority to possess or own them. 6 It is well-settled that in order to secure a conviction for Illegal Possession of Firearms and Ammunition, it must be established that: (a) the subject firearm exists; and (b) the person who possessed or owned the same does not have the corresponding license, as in this case. Moreover, the penalty should be increased by one (1) degree higher pursuant to Section 28 (e) (1) 7 of RA 10591, considering that the revolver found in his possession was loaded with ammunition. ATICcS
SO ORDERED." (REYES, J., JR., J., designated Additional Member per Special Order No. 2587 dated August 28, 2018; on official leave.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 11-33.
2.Id. at 72-85. Penned by Associate Justice Edgardo T. Lloren with Associate Justices Ruben Reynaldo G. Roxas and Walter S. Ong, concurring.
3.Id. at 96-98.
4. Entitled "AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF," approved on May 29, 2013.
5. See rollo, p. 78.
6. See Evangelista v. People, 634 Phil. 207, 225 (2010). See also rollo, pp. 78-79.
7. Section 28 (e) (1), Article V of RA 10591 provides:
Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. — The unlawful acquisition, possession of firearms and ammunition shall be penalized as follows:
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[.] (Emphases supplied)