Professional Documents
Culture Documents
barrel
frame
receiver
lawfully deal with the possession of such, is PRIMA FACIE evidence that
they are intended to be used in the unlawful manufacture of FAMP.
6.Unlawful taking, selling or disposition by laborer, worker or employee of a
licensed firearms dealer of firearms or ammunition which the company sells,
and other materials used in the manufacture or sale of firearms or ammunition.
NOTE: the buyer or possessor of such stolen part or material, who is
aware that they are stolen, shall suffer the same penalty of prision
mayor minimum to prision mayor medium.
NOTE FURTHER: This is theft in the RPC (qualified if there is trust and
confidence reposed on the employee) and fencing for the buyer or
possessor.
So, will the absorption rule apply?
There seems to be such because remember the 2 nd punishable
act under item 2a above, where the use of the firearm is inherent in
the commission of a crime under the RPC OR special laws, such use is
deemed as aggravating.
7.
Arms smuggling- refers to the import, export, acquisition, sale, delivery,
movement or transfer of firearms, their parts and components and
ammunition, from or across the territory of one country to that of another
country which has not been authorized in accordance with domestic law in
either of both countries.
8.
Tampering, obliterating or altering without authority the barrel, slide,
frame, receiver, cylinder, or bolt assembly, including the name of the
maker, model, or serial number of any firearm, OR replacement without
authority of the barrel, slide, frame, receiver, cylinder, or bolt assembly,
including its individual or peculiar identifying characteristics essential in
forensic examination of a firearm.
9. Violation of the provision on custodia legis
NOTE: During pendency of case in court, seized Firearmor ammunition
or any part thereof shall remain in court unless turned-over to PNP
Crime Lab for custody. No bond shall be admitted for the release of such
articles in custodia legis.
10.
Act of wilfully and maliciously inserting, placing, and/or attaching,
directly or indirectly, through any overt or covert act, any firearm or
ammunition, or parts thereof in the person, house, effects, or in the
immediate vicinity of an innocent person for the purpose of implicating or
incriminating the person, or imputing the commission of any violation of the
law to said person.-prision mayor maximum.
NOTE: This is equivalent to incriminating innocent person, Art. 363,
RPC. Will the absorption rule also apply? Yes for the same reason above.
NOTE: If this is committed by a public officer or employee-reclusion
perpetua.
11. Failure to report by a licensed firearm holder to the FEO that the
subject firearm has been lost or stolen within a period of 30 days from
discovery.
12. Changing residence or office address other than that indicated in the
card by a valid firearm licensee who failed to notify the FEO within 30 days
from such transfer.
13. Unlawful transfer of possession of any firearm to any person who has
not yet obtained or secured a license or permit.
NOTE: The transferor is liable under this provision, WHILE the transferee
for illegal possession.
14. Any law enforcement agent or public officer who unlawfully dispose,
sell or transfer government-issued firearms, ammunitions or major parts of
firearm or light weapon to private persons.
NOTE: the private person is liable for illegal possession.
15. Any public officer or employee or any person who shall facilitate the
registration of a firearm through fraud, deceit, misrepresentation or
submission of falsified documents.
VII. IN ILLEGAL POSSESSION, WHO HAS THE BURDEN OF PROVING THE ELEMENTS?
-The prosecution has to prove the following:
1. the existence of the subject firearm; and
2. the fact that the accused who owned or possessed it does not have
the corresponding license or permit to possess the same.
HOW TO PROVE:
a) existence- by presentation of the firearm or by the testimony of
witnesses who saw the accused in possession of the same.
b) No license or permit- by the testimony or certification of the PNPFEO
NOTE: the essence of the crime is primarily the lack of license or
permit to carry or possess the firearm or ammunition for possession
by itself is not prohibited by law.
What is the effect if the accused cannot explain why he possessed the
firearm or ammunition?
=since the burden is with the prosecution to prove the guilt of the
accused and not vice versa, acquittal is still in order. To hold otherwise
would in effect be speculating that the accused is not authorized to
3)
it added the provision on imitation firearm used in the commission of a
crime which shall be considered a real firearm and the person who committed
the crime shall be punished accordingly.
4)
if a crime is committed without using the loose firearm, the violation of
the law shall be treated as a distinct and separate. Likewise, if the use of the
firearm is not necessary in the commission of the crime, the use of the loose
firearm is separate and distinct. This abandoned the old rule that illegal
possession can only be committed if no other crime is committed with or
without the use of the firearm.
5)
it retained the rule that if the violation of the law is in furtherance of,
or incident to, or in connection with the crime of rebellion, insurrection, or
attempted coupt d etat, such violation shall be absorbed as an element of said
crimes.
6)
Proper charge-Homicide (or such other crimes committed) aggravated
by illegal possession.
7)
possession includes actual and constructive possession or the subjection
of the thing to ones control and management.