People v. Luisito Go, G.R. No.

116001, March 14, 2001

Facts:
• On October 22, 1992, police officers received an intelligence report regarding the
supply of methamphetamine hydrochloride (shabu) at a location in Calamba,
Laguna.
• Police officers went to a disco house to conduct a search for illegally possessed
firearms under "Operation Bakal."
• They found accused-appellant Luisito Go inside the disco with a gun tucked in
his waist. He was unable to produce a license for the gun.
• Accused-appellant's car was also searched, and the police found a Philippine
National Police identification card and drug paraphernalia.
• An attaché case in the car contained shabu and money.
• Accused-appellant was arrested and charged with illegal possession of a firearm
and illegal possession of shabu.
Issues:
• Whether the arrest of accused-appellant was valid.
• Whether the seizure of the gun and the discovery of shabu and drug
paraphernalia were lawful.
• Whether accused-appellant had a valid license for the firearm.
• Whether accused-appellant's guilt for illegal possession of a firearm and shabu
was proven beyond reasonable doubt.
Ruling:
• The arrest of accused-appellant was found to be valid. It was a warrantless arrest
conducted when the police saw the gun in his waist, which made him appear to
be committing a crime. This fell within the recognized exceptions for warrantless
arrests.
• The seizure of the gun was lawful as it was an incident to the valid arrest. The
discovery of shabu and drug paraphernalia in the car was also deemed legal as
they were in plain view during the search.
• Accused-appellant failed to produce a valid license for the firearm, and the court
found that the license presented for the first time on appeal was dubious and
untimely.
• Accused-appellant's guilt for illegal possession of a firearm and shabu was
established beyond reasonable doubt based on the evidence presented. He was
sentenced to an indeterminate penalty for both offenses.
In summary, the court upheld the validity of accused-appellant's arrest and the legality
of the seizures, and it found him guilty of the charges of illegal possession of a firearm
and shabu. The penalties were adjusted to reflect changes in the law.