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.
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The applicant shall pay the reasonable licensing fees as may be provided in the implementing rules and regulations of this Act. He insists r.8294 since Dubai is outside the territorial jurisdiction of the Philippines and his situation is not one of the exceptions provided in Article 2 of the Revised Penal Code, our criminal laws are not applicable. Obviously, it was not only the Customs Declaration Form from which the courts below based their conclusion that petitioner was in constructive possession of subject firearms and ammunitions.
Court of AppealsG. Republic Act RA No. Prision mayor in its minimum period ranges from six years and one day to eight years. Likewise, a fine of Five thousand pesos P 5, The application for the renewal of the license or registration may be submitted to the FEO of the PNP, within six 6 months before the date of the expiration of such license or registration. Type 3 license — allows a citizen to own and possess a maximum t.a.8294 ten 10 registered firearms.
Indeed it is fundamental that the place where the crime was committed determines not only the venue of the action but is an essential element of jurisdiction. Add a personal note: Why the r.a8294 being raised by petitioner, i. I attest that the conclusions in the above Decision were reached in consultation before the case was assigned to the writer of the opinion of the Courts Division.
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. In such cases, the penalty shall be one 1 degree higher than that provided for offense, and the offense may be called Qualified Illegal Possession of Firearms.
The preparation of the Customs Declaration Form is a requirement for all arriving passengers in an international flight. The Court of Appeals gravely erred in holding that Evangelista committed a continuing crime. This admission, the veracity of which requires no further proof, may be controverted only upon a clear showing that it was made through palpable mistake or that no admission was made.
Provided, That, during election periods, the sale and registration of firearms and ammunition and the issuance of the corresponding licenses to citizens shall be allowed on the condition that the transport or delivery thereof shall strictly comply with the issuances, resolutions, rules and regulations promulgated by the Commission on Elections. As correctly found by the CA: Petitioners May 9, Motion for Reconsideration  having been denied by Resolution of September 26, petitioner filed the present petition.
This provision runs afoul with ordinary criminal procedure in which object evidence shall remain under the custody of the prosecution until it is offered in evidence after the termination of its presentation of testimonial evidence. On January 28,he was at Dubai International Airport waiting for his flight to the Philippines.
An imitation firearm refers to a replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to believe that such imitation firearm is a real firearm Sec. The accused can be convicted of illegal possession of firearms, provided no other crime was committed by the person arrested.
SandiganbayanPhil. The said firearm shall be confiscated or forfeited in favor of the government after due process.
SistozaPhil. 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. Moreover, the jurisdiction of a court over the criminal case is determined by the allegations in the complaint or information.
Concepcion55 Phil. Prior to his arraignment in Criminal Case No. More applicable is Margarejo  where, as stated earlier, this Court affirmed the denial of a motion to quash an information for illegal possession of firearm on the ground that the other offense charged [ r.a.82994.
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: Attention spans, storytelling, goldfish and more Latest posts. Certiorari cannot be used as a substitute for lost appeal. Verily, where the law does not distinguish, neither should we.
Qualifying or Aggravating Circumstances Circumstances relating to possession.
During the investigation, petitioner admitted before Special Agent Apolonio Bustos Bustos that he bought the subject items in Angola but the same were confiscated by r.a.8294 Dubai authorities, which turned over the same to a PAL personnel in Dubai. During the investigation, he was not represented by counsel and was forced to accept ownership of the guns.
See more popular or the latest prezis. Buzon and concurred in by Associate Justices Sergio L. However, as the liberty of petitioner is at stake and following the principle that an appeal in a criminal case throws the whole case wide open for review, we are inclined r.a8294 delve r.a8294 the merits of the present petition.
Type 5 license — allows a citizen, who is a certified gun collector, to own and possess more than fifteen 15 registered firearms. The failure to deliver the firearm or ammunition within r.s.8294 6 months after the death or legal disability of the licensee shall render the possessor liable for illegal possession of the firearm. Firearms and Explosive Office of the Philippine National Police passed the Psychiatric Test passed the Drug Test Gun Safety Seminar Application to Possess a registered firearm stating personal circumstances of the applicant applicant not convicted of any crime involving moral turpitude applicant has not been convicted or is currently an accused in pending criminal case that is punishable with a penalty of more than 2 years Renewal of Licenses all types of license – renewed every 2 years registration of firearm – renewed every 4 years failure to renew on 2 occasions – disqualified from applying Licenses Issued to Individuals Type 1 license — maximum of 2 Type 2 license – maximum of 5 Type 3 license – maximum of 10 Type 4 license – maximum of 15 Type 5 – more than 15 Note: Custodia Legis During the pendency of any case filed in violation of the Act, seized firearm, ammunition, or parts thereof, machinery, tool or instruments shall remain in the custody of the court Sec.
Section 1 of PDas amended by RA provides: After the prosecution rested its case, petitioner, with leave of court, filed his Demurrer to Evidence,  the resolution of which was deferred pending submission of petitioners evidence. He declined and insisted that the guns are not his.
Tampering, Obliteration or Alteration of Firearms Identification. As accusation is not synonymous with guilt, there is yet no showing that petitioner did in fact commit the other crime charged.
In denying the motion, the trial court just followed the jurisprudential rule laid down in Crespo v.