Constructive possession

Is it necessary that a person be in physical possession of the firearms and ammunitions in order to be convicted of the crime of illegal possession of firearms? This is one of the issues raised in this case of Fil.

Fil was a Filipino contract worker in Angola. On his way back to the Philippines last January 30, 1996 via Dubai, he was detained by the Arab authorities in the Dubai airport because one Israel Jericho Pistol and Mini-Uzi with 19 mm bullets were found in his luggage. Since he was listed as a passenger of PAL flight from Dubai to Manila, the PAL station manager in Dubai (Lino) was told by the Dubai Police that said firearms and ammunitions found in Fil’s luggage were confiscated from him; and that Fil would be imprisoned in Dubai and would not be able to board the plane unless the PAL Pilot in command (Captain Ed) would accept custody of Fil and of said firearms and ammunitions.

So Lino approached the PAL Captain Ed and informed him of Fil’s case. Ed then agreed to take custody of the items confiscated from Fil so that the latter could leave Dubai for Manila. Lino then got the items from the Arab police and turned them over to Captain Ed who deposited them in the cockpit of the airplane in the presence of the Arab police. Thereafter Fil was allowed to board the plane.

Upon arrival here, Max, a customs police who was informed that a PAL passenger will be arriving with firearms and ammunitions met a crew member who introduced him to Fil. When asked by Max if he brought firearms and ammo with him, Fil answered in the affirmative even adding that he bought them from Angola. Fil then signed the Customs Declaration Form which contains the entry “2 pistol guns sent surrender to PAL”. Thereupon Max was led to the cockpit by pilot Captain Ed who turned over to him the said firearms and ammo.

Max then brought Fil to the examination room where the luggage was examined and Fil investigated. During the examination Fil admitted to special agent Pol that he bought the items from Angola but they were confiscated in Dubai and turned over to the PAL pilot. After gathering other documents like the Arrival Endorsement Form and the Customs Declaration Form and after verifying from the Firearms and Explosive Office in Camp Crame that Fil was not a licensed holder of said items as well as from the Customs Bureau that the firearms were not legally purchased, Pol endorsed Fil’s case to the Department of Justice State Prosecutor. Subsequently after preliminary investigation the State prosecutor filed in the Regional Trial Court (RTC) an Information charging Fil with illegal possession of firearms in violation of Section 1, PD 1866.

After trial, the RTC found Fil guilty of illegal possession of firearms and ammunitions and sentenced him to imprisonment of 6 years and 1 day to 8 years and a fine of P80,000. On appeal, the Court of Appeals (CA) affirmed the said decision.

Fil questioned said ruling. He argued that he could not have committed the crime imputed to him for he was never in custody or possession of any firearm and ammunition when he arrived in the Philippines since the said items were in the custody of the PAL pilot captain. Was Fil correct?

No. The said firearms and ammo were confiscated in Dubai from Fil who was detained by the Arab police and was released only on the condition that he will bring the guns and ammo to the Philippines upon intercession of PAL station manager Lino who got the items and turned them over to the PAL pilot captain. Moreover, the Customs Declaration Form showed that Fil brought the guns and ammo with him upon arrival in the Philippines. The preparation of said Form is a requirement for all arriving passengers in the international flight like Fil. It provides details that only Fil could have possibly known or supplied. It was not elicited during the custodial investigation that requires the assistance of a lawyer because Fil was not yet arrested when he filled it up and signed it. In fact he was escorted by Max for investigation only after he signed the Form.

Consequently Fil was in constructive possession of the subject firearms and ammo. The kind of possession punishable under PD 1866 is one where the accused possesses the firearms and ammo either physically or constructively with intention to possess the same. In this case, the PAL pilot captain accepted custody of the items and of Fil himself in order that Fil who was being detained in Dubai would be released. In other words, the PAL pilot captain’s custody of said firearms and ammo was for and in behalf of Fil. Thus there was constructive possession. Fil is therefore guilty as charged (Evangelista vs. People, G.R. 163267, May 5, 2010).

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