ROBIN PADILLA VS COURT OF APPEALS GR NO.

121917
FACTS: Robin Padilla got involved in a hit and run accident on Oct. 26, 1992. He was apprehended with
the help of Enrique Maranang, a Civilian witness who radioed the incident to the Police. Upon arrest, he
was in possession of a .357 caliber revolver, Smith and Wesson with 6 live ammunitions, One M-16 baby
Armalite Rifle with ammunitions, One .380 Pietro Barreta with 8 live ammunitions, and six live double
action ammunitions of .38 caliber revolver. Robin Padilla was arrested, tried, and convicted for illegal
possession of firearms.
CRIME: PD 1866 ILLEGAL POSSESSION OF FIREARMS
Contention of the Accused: Petitioner contended that
 the penalty of reclusion temporal to reclusion perpetua for simple illegal possession of firearms
constitutes an excessive and cruel punishment.


Contention of the State: The penalty for illegal possession of firearm ranges from reclusion temporal to
reclusion perpetua which is contrary to the appelant’s erroneous averment. The severity of the penalty
does not ipso facto make the same cruel and excessive.
HELD: The CA sustained the decision of the lower court of the crime of illegal possession of firearms
and modified the petitioners indeterminate to prision mayor (10 years 1 day to 12 years), as minimum; to
reclusion temporal (18 years 8 months and 1 day to 20 years), as maximum which was same in line with
the fairly recent case of People vs Lian. This is discernable by the following explanation of the court:
"In the case at bar, no mitigating or aggravating circumstances have been alleged or proved, In
accordance with the doctrine regarding special laws explained in People v. Simon, although Presidential
Decree No. 1866 is a special law, the penalties therein were taken from the Revised Penal Code, hence
the rules in said Code for graduating by degrees or determining the proper period should be applied.
Consequently, the penalty for the offense of simple illegal possession of firearm is the medium period of
the complex penalty in said Section 1, that is, 18 years, 8 months and 1 day to 20 years.”