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    Jurisprudence On Gunban

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    Humility Mae Frio
    The Supreme Court affirmed that there can be no separate offense of simple illegal possession of a firearm if the unlicensed firearm is used in the commission of any crime. A person convicted of violating an election gun ban can no longer be convicted of illegal firearm possession. Previous cases also established that there cannot be separate convictions for illegal possession and another crime committed at the same time with the firearm.

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    Jurisprudence On Gunban

    Uploaded by

    Humility Mae Frio
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    The Supreme Court affirmed that there can be no separate offense of simple illegal possession of a firearm if the unlicensed firearm is used in the commission of any crime. A person convicted of violating an election gun ban can no longer be convicted of illegal firearm possession. Previous cases also established that there cannot be separate convictions for illegal possession and another crime committed at the same time with the firearm.

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    The Supreme Court affirmed that there can be no separate offense of simple illegal possession of a firearm if the unlicensed firearm is used in the commission of any crime. A person convicted of violating an election gun ban can no longer be convicted of illegal firearm possession. Previous cases also established that there cannot be separate convictions for illegal possession and another crime committed at the same time with the firearm.

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    Download as docx, pdf, or txt
    15 views1 page

    Jurisprudence On Gunban

    Uploaded by

    Humility Mae Frio
    The Supreme Court affirmed that there can be no separate offense of simple illegal possession of a firearm if the unlicensed firearm is used in the commission of any crime. A person convicted of violating an election gun ban can no longer be convicted of illegal firearm possession. Previous cases also established that there cannot be separate convictions for illegal possession and another crime committed at the same time with the firearm.

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    The Supreme Court affirmed the CA ruling that under prevailing jurisprudence there can be no separate

    offense of simple illegal possession of firearm if the unlicensed firearm is used in the commission of any
    crime. Considering that the petitioner was convicted of violation of election gun ban, the CA held that he
    can no longer be convicted for illegal possession of firearm. Nevertheless, the CA found no reason to
    reverse the conviction of the petitioner for violation of election gun ban. Raul B. Escalante vs. People of
    the Philippines, et. al. G. R. No. 192727, January 9, 2013.

    Q: Is Mr. X, who was found in possession of a loose firearm in a COMELEC checkpoint, likewise liable
    under RA No. 10591 or the Comprehensive Firearms and Ammunitions Regulation Act”? A: Not
    anymore. In the case of Madrigal vs. People, G.R. No. 182694, August 13, 2008, Madrigal’s conviction on
    the case of illegal possession of firearm was reversed and set aside by the Supreme Court in view of the
    fact that another crime, that is: violation of the election gunban, was committed at the same time (that
    he was alleged to have committed illegal possession of firearm). Note: Madrigal’s conviction on his
    election gunban case was affirmed by the Supreme Court.

    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. 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). (G.R. No. 142675, 22 July 2005, 464 SCRA 60.)

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