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  • People vs. Remerata Digest

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    Russell John S. Hipolito
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    Petronio Remerata was convicted of stealing a rifle. He was then charged with illegal possession of the same firearm. Remerata argued he could not be convicted twice for the same crime. The Supreme Court ruled illegal possession and theft are separate offenses, as one can occur without the other. Theft requires taking the item, while illegal possession does not require that. The Court reversed the order dismissing the illegal possession charge, finding Remerata could be convicted for both offenses.

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    19. People vs. Remerata Digest

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    Petronio Remerata was convicted of stealing a rifle. He was then charged with illegal possession of the same firearm. Remerata argued he could not be convicted twice for the same crime. The Supreme Court ruled illegal possession and theft are separate offenses, as one can occur without the other. Theft requires taking the item, while illegal possession does not require that. The Court reversed the order dismissing the illegal possession charge, finding Remerata could be convicted for both offenses.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    14 views1 page

    People vs. Remerata Digest

    Uploaded by

    Russell John S. Hipolito
    Petronio Remerata was convicted of stealing a rifle. He was then charged with illegal possession of the same firearm. Remerata argued he could not be convicted twice for the same crime. The Supreme Court ruled illegal possession and theft are separate offenses, as one can occur without the other. Theft requires taking the item, while illegal possession does not require that. The Court reversed the order dismissing the illegal possession charge, finding Remerata could be convicted for both offenses.

    Copyright:

    © All Rights Reserved
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    of 1

    THE PEOPLE OF THE PHILIPPINES vs.

    PETRONIO REMERATA
    No. L-6971
    February 17, 1956
    REYES, J.B. L., J.:

    FACTS:

    The accused Petronio Remerata was convicted of stealing a rifle. After sentence was passed, the
    Fiscal filed another information charging him with illegal possession of the same firearms. Remerata set
    up autrefois convict, and upon his motion, the Court of First Instance of Cotabato, invoking Rule 113,
    section 9, dismissed the second information, on the theory that the illegal possession was inseparable
    from the theft of which the accused had already been convicted and sentenced. Hence the appeal.

    ISSUE:

    Whether or not Remerata may be convicted for illegal possession of firearms?

    RULING:

    Yes, since there can be theft without illegal possession of firearms; and vice-versa, illegal
    possession may exist without the element of taking (asportation) that is essential in theft, conviction of
    one offense will not be a bar to prosecution for other.

    The order to dismiss was reversed.

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