Case Digest_PALER, Meg Dianne C._Agote vs. Lorenzo, G.R. No. 142675. July 22, 2005

 Doctrine:

 

There can be no separate conviction of illegal possession of firearm and ammunition if the accused is convicted in another crime not expressly mentioned in RA No. 8294.

 

FACTS:

 

Agote was convicted by the trial court for (1) illegal possession of firearms under P.D. No. 1866 and (2) violation of COMELEC Resolution No. 2826 on gun ban, committed by the petitioner on April 27, 1996.

 

Agote filed a motion for reconsideration of the trial court’s decision of imprisonment since the penalty for illegal possession of firearms under P.D. No. 1866 was reduced by the subsequent enactment of Rep. Act No. 8294 (took effect on July 6, 1997), which was favorable to him.

 

Eventually, the trial court rendered judgment of conviction in both cases wherein separate penalties were imposed respectively. Petitioner moved for reconsideration, claiming that the penalty for illegal possession of firearms under P.D. No. 1866 had already been reduced by the subsequent enactment of Republic Act No. 8294, which the trial court subsequently denied. He then filed a petition before the Court of Appeals which was docketed as CA-G.R. SP No. 2991-UDK, but was likewise dismissed.

 

But the trial court denied his petition as Article 4 of the Civil Code states that laws shall have no retroactive effect, unless the contrary is provided. Since the trial court denied his petition, Agote filed in the Court of Appeals on petition for certiorari with prayer for temporary restraining order.

 

Since CA dismissed the motion for reconsideration, Agote filed the case in the SC.

 

ISSUES:

1.    Whether or not RA 8294 should be applied retroactively for his case.

2.    Whether or not such use of unlicensed firearm shall be considered as an aggravating circumstance.

 

HELD:

1.    Yes, the rule is that penal laws shall have a retroactive effect whichever is favorable to the offender.

RA 8294 lowers the penalty of illegal possession of firearm depending on the class of firearm possessed. Lighter penalty will be imposed to a person who unlawfully possess a firearm or ammunition granting that there is no other crime committed.

 

2.   No, Section 1 of RA 8294 provides that any person who shall unlawfully posses any firearm or ammunition shall be penalized, unless no other crime was committed. This further provides that such use of firearm shall be considered as aggravating circumstance of homicide or murder.

In the case at bar, the crime was committed in violation to COMELEC Gun Ban so, illegal possession of firearm cannot be deemed as an aggravating circumstance.

 

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