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The notorious gang was charged.rationale of this last phrase in the law. At the time of the arrest they used faked military id’s. Suppose. The latter carried a lighter penalty. This sparked outrage among members of the legal community in Cebu. Conclusion So the law on illegal possession of firearms in its present form sparks the imaginative. One can be charged with illegal possession of firearms. . While being arrested. Can the state lawfully charge the suspect of illegal possession of firearms? Or can he be charged with concealment of name? Remember. then he cannot be charged with illegal possession of firearms? This provision challenges the creative minds of defense lawyers. creative adrenalin of defense lawyers. at the time he was caught.38 caliber gun. The‘minor’ crime of concealment carries a lighter penalty. This is the “escape clause” of the law on illegal possession of firearms. a person is caught by a policeman possessing a .” Outrage in Cebu I am reminded of that outrageous story I read that happened in Cebu not long ago. not with illegal possession of firearms but usurpation of authority. A group of people suspected to be high profile notorious kidnappers were caught with firearms. But if. another crime was committed. there is a proviso which states: “Provided no other crime was committed. under the law on illegal possession of firearms. who called for an amendment of the law. the suspect gives another identity to conceal his true name. Example Let me give an example.
The controversial proviso Under the law on illegal possession of firearms. “PROVIDED NO OTHER CRIME WAS COMMITTED. But the new law on illegal possession of firearms. What the law requires is merely possession. Second the prosecution should prove the fact that the accused who owned or possessed it does not have the corresponding license or permit to possess the same. 8294 strikingly provides the accused a wide latitude of “creative” ways to raise a defense. then there is a strong case against him ahead. one caught unlawfully possessing firearms can be charged with the law.A. “Possession” includes. Another rule laid down by the Supreme Court is that ownership is not an essential element of illegal possession of firearms and ammunition. If one is in possession of a firearm. But if the firearm involved is one that cannot be issued to civilians. like an M-16. it is not that difficult to prove the elements of illegal possession of firearms.” I do not know the . That is what makes this law controversial. First. and he does not have the license to possess. not only actual physical possession. a certification by the PNP firearms and explosives division is needed. this certification may be dispensed with. Defenses Essentially.Supreme Court rules According to the Supreme Court there are mainly two elements needed to convict one of illegal possession of firearms. but also constructive possession. some say non-sensical. the prosecution needs to establish the existence of the subject firearm. R. “Constructive possession” means the subjection of the thing to one’s control and management. To prove the second element.
as he has since shown himself to be a “responsible member of society.1997. a fellow actor of Robin. 8294 as the “Robin Padilla law” because I cannot help but think—rightly or wrongly—that this law was for Robin Padilla. the penalty under the new law ranges between six to eight years. with a fine of P30.38 caliber. who perhaps took pity on the sad state of a young promising colleague. Senator Ramon Revilla authored what is now Republic Act 8294. I always regard R. Ramon Revilla rescue Then enter Senator Ramon Revilla. .R.000.story short. Or at least he was the law’s principal beneficiary.D. he was convicted of illegal possession of firearms under the harsh P. with a fine of P15. Because of this law. Thinking that the law is just too harsh. the current law against illegal possession of firearms. For possessing a higher powered firearms like a . I refer you to the Supreme Court decision in Robin Carino Padilla versus Court of Appeals. If you want to read this colorful episode of Robin Padilla. This law took effect July 6. Robin was sentenced and spent jail term in the national penitentiary in Muntinlupa.22 center-fire magnum.” The penalty for illegal possession of firearms had been drastically reduced.A. Robin Padilla is now a free man. and firearms with automatic firing capability. . 1997. The penalty for simple possession of a . It is bailable. . And I think Robin has redeemed himself (so far) . or similarly (low) powered gun is from four to six years. No. 121917 March 12. 9 millimeter.357 magnum. G.45 caliber. 1866.000.
and eventually flagged down. He was found to have in his possession various firearms. For Marcos to ensure that those who ever try to mount an insurrection. That was the law then. he enacted Presidential Decree No.BACKGROUNDER The law on illegal possession of firearms comes to light in the wake of the brief arrest-and-release of Noreco II General Manager Ephraim Taclob when the vehicle he was on board with eight men was flagged down by Philippine Army personnel. Those found guilty under this decree were meted a penalty of up to forty years in prison. charges of illegal possession of firearms are going to be filed. Taclob. If you recall. But Robin had brushes with the law. The Army. Once. To cut a long . the law on illegal possession of firearms was very harsh. This was a product of those Marcos decrees designed to fight the so-called enemies of the state. According to the local Philippine National Police. he figured in a hit-and-run while driving his Pajero. He was pursued by police. Not very long ago. 1866. Robin Padilla was then the poster boy of the Ramos administration. or rebellion against the state received the full force of the law. Robin Padilla episode Then came Robin Padilla. and was once even regarded as a “role model” for the youth. held checkpoint and uncovered heavy firearms in the vehicle driven by Engr. purportedly acting on reports that rebels were in the area.