Guidelines on Presenting Firearms as Evidence in Court
Jurisprudence dictates that the corpus delicti in illegal possession of firearms is the lack of license to own or possess a firearm. However, for the Court to rule that there is no need to present the firearm as evidence would have dangerous consequences. It would be easy for anyone to plant a firearm as evidence, arrest the person, then charge them for illegal possession if their name does not appear in the database of the Firearms and Explosives Office of the Philippine National Police. Anyone could easily be convicted by the mere issuance of a certification that they do not have a license to own and possess a firearm. Thus, the preservation of the integrity of the confiscated firearm is crucial.
