Del Rosario vs People 358 SCRA 373 Petitioner Vicente del Rosario was convicted in the lower courts

(RTC, Court of Appeals) with the crime of illegal possession of firearms. The lower courts relied upon the product of the search conducted by the Pampanga CIDG and several barangay officials of the petitioner's residence at Barangay Tigbe, Norzagaray, Bulacan. Earlier, said police officers were able to obtain a search warrant from the QC RTC after the PNP Firearms and Explosive Divisions confirmed that the petitioner is not a licensed/registered firearm holder of any kind and caliber. The search yeielded the following items: (a) a caliber .45 pistol with 5 magazines of caliber .45 found at the master's bedroom, (b) 5 magazines of 5.56 M-16 rifle and two radios found in the room of petitioner's daighter, and (c) a caliber .22 revolver containing 8 pieces of live ammunition found in the kitchen. The police officers seized the subject firearms because they were allegedly unlicensed. For his defense, petitioner contends that he had a license for the caliber .45 pistol recovered in his bedroom and that the other items seized during the search including the caliber .22 revolver, were merely planted by the police officers. The license for the caliber .45 pistol was already expired although an application for its extension was already pending at that time. ISSUE Whether petitioner had a license for the .45 caliber Colt pistol and ammunition seized in his bedroom HELD The Supreme Court reversed the decision of the lower courts. Petitioner is acquitted. RA 8294, which provides that the possession of a firearm with an expired license was unlawful, only took effect after the search. The law, therefore could not be given a retroactive effect. Furthermore, pursuant to firearm licensing regulations, the renewal of a firearm license was automatically applied for upon payment of license fees for the renewal period. Therefore, the petitioner's expired license was not cancelled or revoked. It served as a temporary authority to possess the firearm until the renewed license was issued. The absence of firearm license constitutes an essential ingredient of the offense of illegal possession of firearm and every ingredient or essential element of an offense must be shown by the prosecution by proof beyond reasonable doubt. ILLEGAL POSSESSION OF FIREARM IS A CRIME PUNISHED BY SPECIAL LAW, A MALUM PROHIBITUM, AND NO MALICE OR INTENT TO COMMIT A CRIME NEED TO BE PROVED. To support a conviction, there must be possession coupled with INTENT TO POSSESS the firearm. Prosecution wasn't able to show proof beyond reasonable doubt.