CASE DIGEST/ MARIETTA RAEL

CELINO v. CA

G.R. No. 170562 June 29, 2007

 FACTS:

       Two separate Information were filed against the petitioner, Angel Celino: one for violation of the Comelec gun ban; the other, for Illegal Possession of Firearm under R.A. 8294. After pleading not guilty to the former, he filed a Motion to Quash on the latter contending that he “cannot be prosecuted for illegal possession of firearms x x x if he was also charged of having committed another crime of [sic] violating the Comelec gun ban under the same set of facts x x x.” 

ISSUE:

      Whether the mere filing of information for gun ban violation against him necessarily bars his prosecution for illegal possession of firearm because of the provision of the law that "Provided, however, that no other crime was committed by the person arrested."

RULING:

      Ruling against the petitioner, the High Court explained that he can be convicted of illegal possession of firearms, provided no other crime was committed by the person arrested.  The word “committed” taken in its ordinary sense, and in light of the Constitutional presumption of innocence, necessarily implies a prior determination of guilt by final conviction resulting from successful prosecution or voluntary admission.

      Citing the case of People v. Valdez (1999), the Supreme Court ruled that “all pending cases involving illegal possession of firearm should continue to be prosecuted and tried if no other crimes expressly indicated in Republic Act No. 8294 are involved x x x.”

        In sum, when the other offense involved is one of those enumerated under R.A. 8294, any information for illegal possession of firearm should be quashed because the illegal possession of firearm would have to be tried together with such other offense, either considered as an aggravating circumstance in murder or homicide, or absorbed as an element of rebellion, insurrection, sedition or attempted coup d’etat. Conversely, when the other offense involved is not one of those enumerated under R.A. 8294, then the separate case for illegal possession of firearm should continue to be prosecuted.