Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand seven. Republic Act No. December Amending Section 3 and 4. 5 May Section 1 of PD , as amended by RA provides: Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of. 29 Jun (gun ban), and Section 1, Paragraph 2 of Republic Act No. (R.A.)  (illegal possession of firearm), as follows: Criminal Case No.
|Published (Last):||13 May 2009|
|PDF File Size:||15.98 Mb|
|ePub File Size:||16.53 Mb|
|Price:||Free* [*Free Regsitration Required]|
The Court of Appeals gravely erred in not holding that Evangelista was never in possession of any firearm or ammunition within Philippine jurisdiction and he therefore could not have committed the crime charged against him.
Certiorari lies only when there is no appeal nor any plain, speedy, and adequate remedy in the ordinary course of law.
Department of Agrarian ReformG. It is worthy to note that at the hearing of the case before the court a quo on October 8,the defense counsel stipulated that the subject firearms and ammunitions were confiscated from appellant and the same were given to PAL Station Manager Nilo Umayaw who, in turn, turned over the same to Capt. Type 3 license — allows a citizen to own and possess a maximum of ten 10 registered firearms. Any public officer or employee or any person who shall facilitate the registration of a firearm through fraud, deceit, misrepresentation or submission of falsified documents shall suffer the penalty of prision correccional.
Add a personal note: PangilinanPhil. Court of AppealsG. The said firearm shall be confiscated or forfeited in favor of the government after due process.
The license shall include customization of firearms from finished or manufactured parts thereof on per order basis and not in commercial quantities and making the minor parts thereof, i. When he denied ownership of the same, Umayaw reiterated that he petitioner will be released only if he will bring the guns with him to the Philippines. The applicant shall state the amount of capitalization for manufacture or cost of the purchase and sale of said articles intended to be transacted by such applicant; and the types of firms, ammunition or implements which the applicant intends to manufacture or purchase and sell under the license applied for; and such additional information as may be especially requested by the Secretary of the DILG or the Chief of the PNP.
Acquisition or Purchase and Sale of Firearms and Ammunition. Acierto asked petitioner if he brought firearms with him and the latter answered in the affirmative adding that the same were bought in Angola. If the court decides that it has no adequate means to safely keep the same, the court shall issue an order to turn over to the PNP Crime Laboratory such firearm, ammunition, or parts thereof, machinery, tools or instruments in its custody during the pendency of the case and to produce the same to the court when so ordered.
Comments 0 Please log in to add your comment.
Failure to renew the registration of the firearm on or before the date of expiration shall cause the revocation of the license of the firearm. After new trial, the RTC still found petitioner liable for the offense charged but modified the penalty of imprisonment.
Naduratas custody during the flight from Dubai to Manila was for and on behalf of petitioner. There is nothing procedurally improper on the part of the trial court in disregarding the result of the preliminary investigation it itself ordered. An imitation firearm used in the commission of a crime shall be considered a real firearm and the offender shall be punished in accordance with the new law.
I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Courts Division. If the importation of the same is allowed and the party in question desires to obtain a domestic firearm license, the same should be undertaken in accordance with the provisions of this Act. Section 1 of Presidential Decree No.
Provided, That the subcontractor of major parts or major components is also licensed to manufacture firearms and ammunition; and d The authority to import machinery, equipment, and firearm parts and ammunition components for the manufacture thereof. Acting on the Motion to Withdraw Information filed by State Prosecutor Aida Macapagal on the ground that [there exists] no probable cause to indict the accused, the Information having been already filed in Court, the matter should be left to the discretion of the Court to assess the evidence, hence, for lack of merit, the same is hereby denied.
In addition, the applicant shall submit the following certification issued by appropriate authorities attesting the following:. The State also recognizes the right of its qualified citizens to self-defense through, when it is the reasonable means to repel the unlawful aggression under the circumstances, the use of firearms. Type 1 license — allows a citizen to own and possess a maximum of two 2 registered firearms.
The Arabs maltreated him and forced him to admit ownership of the guns.
Convention on the Rights of the Child A He r.a8.294 and insisted that the guns are not his. The records substantiate the RTC and CAs finding that petitioner possessed, albeit constructively, the subject firearms and ammunition when he arrived in the Philippines on January 30, Present to your audience Start remote presentation.
More applicable is Margarejo  where, as stated earlier, this R.a.88294 affirmed the denial of a motion to quash an information for illegal possession of firearm on the ground that the other offense charged [ i.
Republic Act No.
In a Resolution  dated March 6,the State Prosecutor found no probable cause to indict petitioner and thus recommended the reversal of the resolution finding probable cause and the dismissal of the complaint. When arraigned on March 26,petitioner pleaded not guilty to the charge.
Provided, That the officer applying for the juridical entity, shall possess all the qualifications required of a citizen applying for a license to possess firearms. In the morning of January 30,Maximo Acierto, Jr. A light weapon shall be lawfully acquired or possessed exclusively by the AFP, the PNP and other law enforcement agencies authorized by the President in the performance of their duties: Provided, howeverThat no other crime was committed by the person arrested.
Since it has been shown that petitioner was already in the Philippines when he was found in possession of the subject firearms and determined to be without any authority to possess them, an essential ingredient of the offense, it is beyond reasonable doubt that the crime was perpetrated and completed in no other place except the Philippines. For purposes of this Act, the following professionals are considered to be in imminent danger due to the nature of their profession, occupation or business: No bond shall be admitted for the release of the firearm, ammunition or parts thereof, machinery, tool or instrument.
Contrary to the arguments put forward by petitioner, we entertain no doubt that the crime of illegal possession of firearms and ammunition for which he was charged was committed in the Philippines. Copy code to clipboard. Blog 9 October Prezi Awards Delete comment or cancel. On appeal, the CA affirmed the findings of the trial court in its Decision dated October 15, Invited audience members will follow you as you navigate and present People invited to a presentation do not need a Prezi account This link expires 10 minutes after you close the presentation A maximum of 30 users can follow your presentation Learn more about this feature in our knowledge base article.
Ruling of the Court of Appeals.
That on or about the 30 th day of Januaryat the Ninoy Aquino International Airport, Pasay City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did, then and there, wilfully, unlawfully and feloniously have in his possession, custody and control the following items: Accordingly, appellant cannot be convicted of two separate offenses of illegal possession of firearms and direct assault with attempted homicide.
Version of the Defense. To us, this constitutes judicial admission of his possession of the subject firearms and ammunitions. Nadurata agreed to take custody of the firearms and the passenger, herein appellant, so that the latter could leave Dubai.