Homicide Celino was accused of having in his possession an unlic ensed assault rifle during the election period, without having the proper authority from COMELEC. Two informations were filed against him: for violation of the gun ban (elections) and for illegal possession of firearm. Though Celino pleaded NOT GUILTY as to the gun ban charge, he filed a MtQ for the illegal possession of firearm charge – his theory was that prosecution under ANY crime barred prosecution for illegal possession of firearm. The RTC denied the MtQ, and the CA denied the petition for certiorari filed by Celino assailing the denial of the MtQ. When the other offense involved is one of those enumerated under R.A. 8294, any information for illegal possession of firearm should be quashed because the illegal possession of firearm would have to be tried together with such other offense, either considered as an aggravating circumstance in murder or homicide, or absorbed as an element of rebellion, insurrection, sedition or attempted coup d'etat. Conversely, when the other offense involved is not one of those enumerated under R.A. 8294, then the separate case for illegal possession of firearm should continue to be prosecuted.
Celino was said to have in his possession an unlicensed with 2 long magazines, each loaded with 30 live ammunitions – (15 Dec 2005 to 9 Jun 2006) – w/o first having obtained authority in writing from COMELEC. COMELEC Reso. No. 6446 (gun – for violation for Sec. 2(a), COMELEC ban), and for violation of Sec. 1, par. 2 RA 8294 (illegal possession posse ssion of firearm). [RTC of Roxas City] o Prior to arraignment: Illegal possession of firearm; Celino filed a Motion to Quash (MtQ). According to Celino, he could NOT be prosecuted for illegal possession of firearms if he was also charged of violating v iolating the COMELEC gun ban under the same set of facts. o Arraignment Gun ban: NOT guilty; o Resolution of MtQ: (Basis: Margarejo v. Hon. Ecoses ) Upon denial of a Motion for Reconsideration (MR), . o
Hence, Celino filed a Petition for Certiorari before the SC.
Bone of contention: interpretation of Sec. 1, RA 8294.1
1 SECTION
1. Section 1 of Presidential Decree No. 1866, a s amended, is hereby further amended to read as f ollows: DODOT
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Celino cited Agote v. Lorenzo , People v. Ladjaalam , similar cases to contend that the mere filing of an information for gun ban violation against him necessarily BARS his prosecution for illegal possession of firearms. o Agote : (which was based on Ladjaalam ) SC affirmed the accused conviction for gun ban violation but exonerated him of the illegal possession of firearm charge because it “cannot but set aside [accused’s] conviction xxx for illegal possession of firearm since another crime was , i.e. violation of COMELEC Reso. No. 2826 or the gun ban.” o Ladjaalam : “A simple reading [of RA 8294] shows that . Hence, if the "other crime" is murder or homicide, , not a separate offense. Since direct assault with multiple attempted homicide was committed in this case, [the accused] can no longer be held liable for illegal possession of firearms.” “The law is clear: xxx Verily, ” SolGen cited Margarejo v. Hon. Escoses and People v. Valdez to contend otherwise. o Margarejo : SC affirmed the denial of a MtQ an information for illegal possession of firearm on the ground that “ .” o Valdez : “ .”
o
o
o
The word
xxx necessarily
. In each of these cases, the accused were exonerated of illegal possession of firearms because of their commission – – of another crime. CASE AT BAR: the proviso does NOT yet apply because Celino had only been a violation of the COMELEC gun ban – accusation is NOT synonymous with guilt.
WHEREFORE, the petition is DISMISSED.
"SECTION 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms or Am munition. " x x x. "The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos (P30,000) shall be imposed if the firearm is classified as high powered firearm which includes those with bores bigger in diameter than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 a nd also lesser calibered firearms but considered powerful such as caliber .357 and caliber .22 center-fire magnum and other firearms with firing capability of full automatic and by burst of two or three: Provided, however, That no other crime was committed by th e person arrested. "If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance. "If the violation of this Section is in furtherance of or incident to, or in connection with the crime of rebellion or insurrection, sedition, or attempted coup d'etat, such violation shall be absorbed as an element of the crime of rebellion, or insurrection, sedition, or attempted coup d'etat. xxxx (Underscoring supplied) DODOT
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