Teofilo Evangelista v.

The People of the Philippines

G.R. No. 163267
Del Castillo, J.:

Issue:
Whether Evangelista can be tried for the crime of illegal
possession of firearms and ammunition under the jurisdiction of the
Philippine courts.
Facts:
Petitioner was a passenger of Philippine Airlines Flight No. 657
arriving from Dubai with him are some firearms and ammunitions that
he bought at Angola but were confiscated at the Dubai International
Airport after being questioned about its ownership. Upon arriving in
NAIA Petitioner yielded no evidence or records to show that the
firearms were obtained legally. Petitioner was then charged with
violation of Sec. 1, P.D. 1866 (Illegal Possession of Firearms and
Ammunitions). Petitioner then contends that the RTC has no
jurisdiction over the case as he claims that his alleged possession of
the firearms transpired while he was at the Dubai Airport
Decision:
Yes, The court held that the crime of illegal possession of
firearms and ammunition was committed in the Philippines. The
accomplishment by the petitioner of the Customs Declaration Form
upon arrival at the NAIA is very clear evidence that he was already in
possession of the subject firearms in the Philippines.
In contrast, petitioner failed to establish by sufficient and
competent evidence that the present charge happened in Dubai. Also,
there were no records of any criminal case having filed against
petitioner in Dubai regarding the discovered firearms. The rule is that
he who alleges must prove his allegation.