G.R. No. 263099 - NOEL UNTALAN Y SARREAL, VS. PEOPLE OF THE PHILIPPINES.

Ruling

WHEREFORE , premises considered the Court hereby finds the accused GUILTY of the crime of violation of PD 1866, as amended by RA 8294 and sentences him to a penalty of imprisonment of PRISION MAYOR in its MINIMUM PERIOD ranging from SIX (6) YEARS AND ONE (1) DAY as minimum to EIGHT (8) YEARS as maximum, plus fine in the amount of [PHP 30,000.00] . With cost against the accused. [19] (Emphasis in the original) The trial court held that the prosecution sufficiently established the existence of the subject firearm. The fact that it was not immediately marked was made immaterial by the fact that the subject firearm was identified by Untalan and his witnesses during trial. It was also successfully shown that Untalan was in possession thereof and that he had no license or permit to possess the subject firearm. It did not matter that PO3 Causaren claims ownership of the subject firearm. The moment that PO3 Causaren left it in Untalan's house, the actual control and possession of it were transferred to the latter. Thus, Untalan had constructive possession not only of the subject firearm but also of the pieces of ammunition and magazine. [20] Pending resolution of his motion for reconsideration, Untalan asked the trial court to allow him to testify. Meantime, his motion for reconsideration was denied under Order [21] dated January 18, 2018. The trial court also clarified that the argument which Untalan sought to establish if allowed to testify in court had already been ascertained and ruled upon by court. [22] Ruling of the Court of Appeals On appeal, the Court of Appeals affirmed with modification as to the penalty imposed through its assailed Decision [23] dated October 28, 2021, to wit: ACCORDINGLY , the appeal is DENIED . The Decision dated 8 September 2017 and Order dated 18 January 2018 of the Regional Trial Court, Fourth Judicial Region, Branch 21, Imus City, Cavite, in Criminal Case No. 6283-09, finding accused-appellant Noel Untalan y Sarreal GUILTY beyond reasonable doubt of the crime of violation of Section 1 of Presidential Decree No. 1866, as amended by Republic Act No. 8294, are hereby AFFIRMED with MODIFICATION , sentencing accused-appellant to suffer the penalty of imprisonment for an indeterminate period of four (4) years, nine (9) months, and eleven (11) days of prision correccional , as minimum, to six (6) years, eight (8) months, and one (1) day of prision mayor , as maximum, and to pay a fine in the amount of [PHP 30,000.00]. Costs against the accused-appellant. SO ORDERED . [24] (Emphasis in the original) The Court of Appeals emphasized that illegal possession of firearms is malum prohibitum , hence, the fact that Untalan had no license or permit to possess the subject firearm at the time of his arrest is sufficient to convict him for illegal possession of firearm. Further, he knew of the existence of the confiscated items and that those were in his residence. On the validity of the search warrant, it held that Untalan himself stipul