REPUBLIC ACT NO.

8294

PEOPLE OF THE PHILIPPINES VS.

WALPAN LADJAALAM Y MILAPIL alias “WARPAN”
(G.R. NO. 136149-51. SEPTEMBER 19, 2000)

FACTS:
Appellant Walpan Ladjaalam alias “Warpan” appealed on September 17, 1998 to the
Decision of the Regional Trial Court (RTC) of Zamboanga, which found him guilty of three of
four charges. Aside from the finding of direct assault and attempted homicide of the accused and
his use of the extension of his house as a drug den on several occasions, the appellant was also
found guilty of the separate offense of illegal possession of firearms under PD 1866 as amended
by RA 8294, and was sentenced to 6 years of prision correccional to 8 years of prision mayor.
The illegal Possession of Firearm and Ammunition which is penalized under the Presidential
Decree No. 1866, is amended under Republic Act No. 8294, which provides Unlawful
manufacture, Sale, Acquisition, Disposition or Possession of Firearms of Ammunition of
Instruments Used or Intended to be Used in the Manufacture of Firearms or Ammunition.

ISSUE:
Whether or not the appellant should be convicted separately of illegal possession of
firearms

HELD:
No. The court ruled that the trial court erred, convicting the appellant guilty of illegal
possession of firearms. The appellant is found guilty only of two offenses which are: direct
assault and multiple attempted homicide and maintaining a drug den. As stated in the law, it is no
longer justified in the provision of RA 8294 that such conviction for illegal possession of
firearms should be separate from any other crimes. Section 1 of the RA 8294 states that if an
unlicensed firearm is used in committing a crime, there can be no separate offense of simple
illegal possession of firearms. Therefore, since direct assault with multiple attempted homicide
was committed by the accused, the appellant can no longer be held liable for illegal possession of
the firearm used. Furthermore, RA 8294 which expressly superseded PD 1866 on July 6, 1997,
made the Supreme Court affirm with the decisions of the trial court to have found the accused
guilty of only two crimes and not three, when these were committed on September 24, 1997.
In conclusion, illegal possession of firearms should not be separated from any other
crime. The accused can only be convicted with simple illegal possession of firearms provided
that “no other crime was committed.”