Category Archives: Illegal Possesion of Firearm

The accused can be convicted of simple illegal possession of firearms, provided that “no other crime was committed by the person arrested

                However, as to petitioner’s conviction for illegal possession of firearms, such judgment must be set aside. We find that he can no longer be held liable for such offense since another crime was committed, i.e., rape. D. 1866, as … Continue reading

Posted in Criminal Law, Criminal Liability, Illegal Possesion of Firearm, Illegal Possesion of Firearms, Legal Maxim, Penal Code, RA 8294 | Tagged , | 1 Comment

How and when liability for illegal possession of firearms attaches?

In dissecting how and when liability for illegal possession of firearms attaches, the following disquisitions in People v. De Gracia[22] are instructive: The rule is that ownership is not an essential element of illegal possession of firearms and ammunition. What … Continue reading

Posted in Illegal Possesion of Firearm, Illegal Possesion of Firearms | Tagged | 2 Comments

The use of unlicensed firearm would be treated either: (1) as an essential ingredient in the crimes of rebellion, insurrection, sedition or attempted coup d’etat; or (2) as an aggravating circumstance in murder or homicide.

The records and the evidence show that the elements of the offense of qualified illegal possession of firearms, defined in the second paragraph of Section 1, Presidential Decree No. 1866, are present in this case.  Specifically, there are: 1.  there … Continue reading

Posted in Coup d'etat, Illegal Possesion of Firearm, Insurrection, Murder, Rebellion, Sedition | Tagged | 3 Comments