FIRST
DIVISION
IGMIDIO MADRIGAL, G.R. No. 182694
Petitioner,
Present:
PUNO, C.J.,
Chairperson,
CARPIO,
- v e
r s u s - CORONA,
AZCUNA and
LEONARDO-DE CASTRO, JJ.
PEOPLE
OF THE PHILIPPINES,
Respondent. Promulgated:
August
13, 2008
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R E S O L U T I O N
CORONA, J.:
For possession of an unlicensed .38
caliber revolver during the 1998 election period, petitioner Igmidio Madrigal
was charged in the Regional Trial Court (RTC) of San Pedro, Laguna, Branch 93 with
two separate crimes: (1) violation of PD 1866, as amended by RA 8294[1] and (2)
violation of the Omnibus Election Code, as amended by RA 7166 (Gun Ban).[2] The information in Criminal Case No.
1025-SPL read:
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.
Contrary to law.
while that in Criminal Case No.
1026-SPL stated:
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.
Contrary to law.
Petitioner
pleaded not guilty on arraignment. After trial on the merits, the RTC ruled:
In
view thereof, the Court hereby renders judgment:
1.
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.
[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.
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
this petition for review on certiorari, petitioner seeks his acquittal from the
charges against him. He questions the findings of the RTC, as upheld by the CA,
of his guilt beyond reasonable doubt of the crimes of illegal possession of
firearm and violation of the election gun ban. He also questions his conviction
for both offenses on the ground that RA 8294 proscribes conviction under it if
another crime has been committed.
We
partially grant the petition.
At
the outset, we see no reason to disturb the factual finding of the RTC, as
upheld by the CA, that petitioner was in possession of an unlicensed firearm
with live ammunition during the election period in 1998. This is entitled to
great weight and respect, and will not be disturbed on review by us, in the
absence of any clear showing that the lower courts overlooked certain facts and
circumstances which would substantially affect the disposition of the case.[4]
However, petitioner is correct in
assailing his conviction for both offenses. Section 1 of RA 8294 expressly
provides that a person may not be convicted for illegal possession of firearm
if another crime was committed:
SECTION
1. Section 1 of Presidential Decree No. 1866, as amended, is hereby further
amended to read as follows:
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)
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).
WHEREFORE,
the petition is
hereby PARTIALLY GRANTED. The January 21, 2008 decision and April 24,
2008 resolution of the Court of Appeals in CA-G.R. CR No. 26869 are AFFIRMED
insofar as petitioner was found guilty beyond reasonable doubt in Criminal Case
No. 1025-SPL and sentenced to suffer the indeterminate penalty of imprisonment
from one year as minimum to three years as maximum with the accessory penalties
provided for by law. The said decision and resolution are, however, REVERSED
and SET ASIDE insofar as petitioner
was found guilty of illegal possession of firearm. Criminal Case No. 1026-SPL
is DISMISSED and petitioner is hereby ACQUITTED therein.
SO
ORDERED.
Associate Justice
WE CONCUR:
Chief Justice
Chairperson
Associate Justice Associate Justice
TERESITA J. LEONARDO-DE CASTRO
Pursuant to Section 13, Article VIII of the Constitution, I
certify that the conclusions in the above resolution had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court’s Division.
Chief Justice
[1] An Act Amending the Provisions of Presidential Decree No. 1866, as amended, entitled “Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or Disposition of Firearms, Ammunition or Explosives or Instruments Used in the Manufacture of Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain Violations Thereof, and for Relevant Purposes.” Date of effectivity was July 6, 1997.
[2] Art. XXII, Sec. 261 (q).
[3] The penalty in Criminal Case No.
1026-SPL was modified as follows: “Accused-appellant is sentenced to suffer the
indeterminate sentence ranging from four (4) years, two (2) months and one (1)
day in its minimum to six (6) years in its maximum and to pay a fine of P15,000.00.”Rollo,
p. 70.
[4] Tan v. People of the Philippines, G.R. No. 153460, 29 January 2007, 513 SCRA 194, 201-202.
[5] G.R. No. 142675, 22 July 2005, 464 SCRA 60.