NOEL UNTALAN Y SARREAL VS. PEOPLE OF THE PHILIPPINES
- G.R. Number: G.R. No. 263099
- Promulgated: 2025-02-17
- Ponente: LAZARO-JAVIER, J.
Doctrine
## Facts of the Case Noel Untalan y Sarreal (Untalan) was charged with illegal possession of firearms and ammunition under Presidential Decree No. 1866, as amended by Republic Act No. 8294. The charges stemmed from the implementation of a search warrant at his residence, leading to the confiscation of an M-16 rifle, ten pieces of live ammunition for caliber 5.56, and one short magazine for caliber 5.56. Untalan failed to produce a license for these items. Untalan's defense asserted that the confiscated items belonged to Police Officer III Rheonel A. Causaren (PO3 Causaren), who, along with Police Officer II Jude Camitan (PO2 Camitan), was detailed as Untalan's security after his brother and another individual disappeared. PO3 Causaren was issued the M-16 rifle, magazines, and ammunition by the PNP — Regional Intelligence Division, covered by a Memorandum Receipt. PO3 Causaren allegedly left these items at Untalan's house. When the search warrant was to be implemented, PO3 Causaren arrived and instructed Untalan to retrieve the rifle, claiming it as his. The Regional Trial Court (RTC) found Untalan guilty, holding that he had constructive possession of the items and lacked a license. The Court of Appeals (CA) affirmed the conviction but modified the penalty, stating that illegal possession of firearms is malum prohibitum and the absence of a license is sufficient for conviction. Untalan appealed, arguing he lacked the intent to possess the firearm. ## Issues 1. Did Untalan have *animus possidendi* (intent to possess) the confiscated firearm, magazine, and ammunition? 2. Was the prosecution able to establish all the elements of illegal possession of firearm against Untalan? ## Decision / Rationale **Issue 1:** **Yes**, the Court ruled that Untalan did not have *animus possidendi* of the subject firearm, magazine, and ammunition. The Court held that while illegal possession of firearm is a *malum prohibitum* crime, requiring no malice or intent to commit a crime, there must still be **possession coupled with intent to possess (*animus possidendi*)** to support a conviction. The evidence showed that PO3 Causaren and PO2 Camitan were officially assigned as Untalan's security detail, and the firearms were issued to PO3 Causaren by the PNP, as evidenced by a Detail Security Assignment and a Memorandum Receipt, which the prosecution did not refute. The M-16 rifle confiscated from Untalan's house had the exact serial number as the one issued to PO3 Causaren. The Court concluded that these items were never owned or intended to be possessed by Untalan, but rather were part of the security provided by the PNP through PO3 Causaren. Therefore, Untalan never acquired possession or intent to possess them. **Issue 2:** **No**, the Court ruled that the prosecution failed to establish Untalan's *animus possidendi* of the subject firearm, magazine, and ammunition. While the first element of illegal possession of firearm—the existence of the items—and the second element—Untalan's lack of a license—were admitted, the crucial element of **intent to possess (*animus possidendi*)** was not proven. The circumstances clearly indicated that the firearm, magazine, and ammunition belonged to the PNP through PO3 Causaren and were merely left at Untalan's house as part of his security detail. The Court noted that *animus possidendi* is a state of mind inferred from attendant events, and in this case, the surrounding circumstances demonstrated that Untalan did not intend to possess the items himself. ## Doctrines - **Illegal Possession of Firearm; *Animus Possidendi***: While illegal possession of firearm is a *malum prohibitum* crime where malice or intent to commit a crime need not be proven, there must still be possession coupled with intent to possess (*animus possidendi*) to support a conviction. - **Possession under PD 1866**: The kind of possession punishable under Presidential Decree No. 1866 is one where the accused possessed a firearm either…
Keywords
Presidential Decree No. 1866, Republic Act No. 8294, Section 1 Presidential Decree No. 1866, Revised Penal Code, animus possidendi, malum prohibitum, negligence and mistakes of counsel bind the client, exceptions to the rule on review of factual findings, illegal possession of firearm and ammunition, certiorari, probable cause, due process, constructive possession, physical possession, motion for reconsideration, pre-trial, search warrant, conviction, acquittal, petition granted