584 Phil. 241
CORONA, J.:
That on or about March 31, 1998, in the Municipality of San Pedro, Province of Laguna, Philippines and within the jurisdiction of this [honorable] [c]ourt, the said accused during and within the election period from January 11 to June 10, 1998 did then and there willfully, unlawfully and criminally have in his possession, custody and control a caliber .38 Smith & Wesson [r]evolver with no serial number containing live ammunition, without first securing from the [COMELEC] the required permit to carry the same outside his residence.while that in Criminal Case No. 1026-SPL stated:
Contrary to law.
That on or about March 31, 1998, in the Municipality of San Pedro, Province of Laguna, Philippines and within the jurisdiction of this [honorable] [c]ourt, the said accused, without the required license/permit from lawful authorities did then and there willfully, unlawfully and feloniously have in his possession, custody and control a caliber .38 Smith & Wesson [r]evolver with live ammunition and a split [(sic)] shell without any number.Petitioner pleaded not guilty on arraignment. After trial on the merits, the RTC ruled:
Contrary to law.
Petitioner appealed the RTC decision. The CA affirmed petitioner's conviction in both offenses but reduced the penalty imposed on him in Criminal Case No. 1026-SPL (illegal possession of firearm).[3]
- In Criminal Case No. 1026-SPL, finding accused Igmidio Madrigal y Macaraig guilty beyond reasonable doubt of the crime of [v]iolation of P.D. 1866 as amended by R.A. 8294 and hereby sentencing accused to suffer the indeterminate penalty of imprisonment from two (2) years, eleven (11) months and ten (10) days of prision correccional as minimum to [f]ive (5) years, [f]our [nine] (4) months and twenty (20) days of prision correccional as maximum and to pay a fine of Fifteen Thousand (P15,000.00) Pesos;
- [2.] In Criminal [C]ase No. 1025-SPL, finding accused Igmidio Madrigal y Macaraig guilty beyond reasonable doubt of the crime of [v]iolation of the Omnibus Election Code (Gun Ban) hereby sentencing accused to suffer the indeterminate penalty of imprisonment from one year as minimum to three (3) years as maximum with the accessory penalties provided for by law.
SECTION 1. Section 1 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:Whether there can be a separate offense of illegal possession of firearm and ammunition if there is another crime committed was already addressed in Agote v. Lorenzo.[5] Agote, like petitioner herein, was convicted of separate charges of (1) illegal possession of firearm and ammunition and (2) violation of the election gun ban by the RTC and the CA. However, applying Section 1 of RA 8294, we set aside Agote's conviction for illegal possession of firearm since another crime was committed at the same time (violation of the election gun ban).SECTION 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunication or Instruments Used or Intended to be Used in the Manufacture of Firearms or Ammunication. - The penalty of prision correccional in its maximum period and a fine of not less than Fifteen thousand pesos (P15,000) shall be imposed upon any person who shall unlawfully xxx possess any low powered firearm of similar firepower, part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition: Provided, That no other crime was committed. (emphasis supplied)