Arnulfo Jacaban v People

The essential elements in the prosecution for the crime of illegal possession of firearms and ammunitions
are: (1) the existence of subject firearm; and, (2) the fact that the accused who possessed or
owned the same does not have the corresponding license for it. 11 The unvarying rule is that
ownership is not an essential element of illegal possession of firearms and ammunition. 12 What the law
requires is merely possession, which includes not only actual physical possession, but also constructive
possession or the subjection of the thing to one’s control and management. 13

Once the prosecution evidence indubitably points to possession without the requisite authority or license,
coupled with animus possidendi or intent to possess on the part of the accused, conviction for violation of
the said law must follow. Animus possidendi is a state of mind, the presence or determination of which is
largely dependent on attendant events in each case. It may be inferred from the prior or
contemporaneous acts of the accused, as well as the surrounding circumstances.

People v Luisito Gaborne

Assailing the legality of arrest should

be made before entering a plea

Before anything else, we resolve the procedural issue raised by the appellant. 29

Any objection involving a warrant of arrest or the procedure by which the court acquired jurisdiction over
the person of the accused must be made before he enters his plea; otherwise, the objection is deemed
waived.30 In People v. Velasco,31this Court held that the accused is estopped from assailing the legality of
his arrest for his failure to move for the quashal of the Information before arraignment. In this case,
appellant only questioned the legality of his arrest for the first time on appeal.

Illegal Possession of Firearm as an

aggravating circumstance
in the crimes of Murder and
Frustrated Murder

The CA appropriately appreciated the use of an unlicensed firearm as an aggravating circumstance in the
crimes of Murder and Frustrated Murder.1âwphi1 Under R.A. No. 1059, use of loose firearm in the
commission of a crime, like murder, shall be considered as an aggravating circumstance. In view of the
amendments introduced by R.A. No. 8294 and R.A. No. 10591, to Presidential Decree No. 1866,
separate prosecutions for homicide and illegal possession are no longer in order. Instead, illegal
possession of firearm is merely to be taken as an aggravating circumstance in the crime of
murder.59 It is clear from the foregoing that where murder results from the use of an unlicensed firearm,
the crime is not qualified illegal possession but, murder.· In such a case, the use of the unlicensed firearm
is not considered as a separate crime but shall be appreciated as a mere aggravating circumstance.
Thus, where murder was committed, the penalty for illegal possession of firearms is no longer imposable
since it becomes merely a special aggravating circumstance. 60 The intent of Congress is to treat the
offense of illegal possession of firearm and the commission of homicide or murder with the use of
unlicensed firearm as a single offense

In the case at hand, since it was proven that accused-appellant was not a licensed firearm holder, 62 and
that he was positively identified by the witnesses as the one who fired shots against the victims, the use
of an unlicensed firearm in the commission of the crimes of Murder and Frustrated Murder should be
considered as an aggravating circumstance thereof.

The presence of such aggravating circumstance would have merited the imposition of the death penalty
for the crime of Murder. However, in view of R.A. No. 9346, we are mandated to impose on appellant the
penalty of reclusion perpetua  without eligibility for parole.

ACT NO. 3326 December 4, 1926 AN ACT TO ESTABLISH PERIODS OF PRESCRIPTION FOR
VIOLATIONS PENALIZED BY SPECIAL ACTS AND MUNICIPAL ORDINANCES AND TO PROVIDE
WHEN PRESCRIPTION SHALL BEGIN TO RUN

SECTION 1. Violations penalized by special acts shall, unless otherwise provided in such acts, prescribe
in accordance with the following rules: (a) after a year for offenses punished only by a fine or by
imprisonment for not more than one month, or both; (b) after four years for those punished by
imprisonment for more than one month, but less than two years; (c) after eight years for those punished
by imprisonment for two years or more, but less than six years; and (d) after twelve years for any other
offense punished by imprisonment for six years or more, except the crime of treason, which shall
prescribe after twenty years. Violations penalized by municipal ordinances shall prescribe after two
months.
SECTION 2. Prescription shall begin to run from the day of the commission of the violation of the law, and
if the same be not known at the time, from the discovery thereof and the institution of judicial proceeding
for its investigation and punishment.