Petitioner
Peralta
Respondent
People
Citation
G.R. No. 221991
Court
Supreme Court
Division
Second Division
Ponente
PERLAS-BERNABE
Decided
August 30, 2017

Summary

Peralta was convicted of illegal possession of firearms and ammunition under PD 1866 as amended by RA 8294. On November 18, 2008, police officers responding to a gunfire report found him carrying a .45 caliber pistol with five live rounds without proper license. The RTC and CA convicted him, finding the prosecution proved all elements of the crime. The Supreme Court affirmed but modified the penalty, upholding the validity of the warrantless arrest under the in flagrante delicto rule since illegal firearm possession was committed in plain view of the officers. The Court emphasized that illegal possession of firearms is malum prohibitum, requiring only proof of possession without proper authorization. The case clarifies the application of warrantless arrest provisions and proper penalty computation under the Indeterminate Sentence Law for special penal laws using RPC nomenclature.

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By the Intellegal Editorial Board · August 30, 2017

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