Court issues guidelines on confiscated guns

THE Supreme Court said law enforcers should strictly follow guidelines for handling confiscated firearms as evidence to ensure fair convictions. In a decision authored by Senior Associate Justice Marvic Leonen, the Supreme Court en banc acquitted Benjamin Togado of unlawful possession of firearms under Republic Act 10591, or the Comprehensive Firearms and Ammunition Regulation Act. The acquittal was based on improper handling and presentation of the confiscated gun as evidence. The evidence, a.45-caliber pistol, its magazine and live ammunition were seized during a search of Togado's home. While the Philippine National Police (PNP) has confirmed that Togado was not a licensed firearm owner, the Court found the prosecution failed to prove the integrity of the confiscated firearm from seizure to court presentation. Discrepancies were found in the markings on the plastic container used to store the firearm. It was revealed that the original container was destroyed, and the police could not verify whether the firearm presented in court was the same one confiscated from Togado. The confiscating officer's failure to adhere to the PNP's internal manual on evidence handling has created reasonable doubt on Togado's guilt, the Court said. The Supreme Court said that convictions under Republic Act 10591 cannot rely solely on certificates stating the accused lacks a firearm license. The absence of the actual firearm in question undermines the prosecution's case and risks wrongful convictions. It added that the exact firearm must be presented when its use determines the classification of a crime or when it aggravates the severity of the offense. As a general rule, firearms must be marked, photographed, authenticated and preserved to ensure evidence integrity.