Now we go into certain peculiarities involving illegal possession of firearms. Though short, this article is still worth considering.
1.) Mere possession of an unlicensed firearm: simple illegal possession of firearms.
2.) Commission of homicide or murder (including other forms of killing, like parricide): the unlicensed firearm is considered and aggravating circumstance. The wording goes "If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance." unless the killing and illegal possession were filed separately. If that happens, the accused can be convicted for both crimes.
3.) Rebellion, sedition, or attempted coup: the use of the unlicensed firearm is absorbed as an element. It won't affect the penalty for rebellion, sedition, etc.
4.) Any crimes committed (like alarm and scandal) -only for that crime: illegal possession is absolved. The wording of the law is "Provided, That no other crime was committed." (People vs. Ladjaalam, GR 136149-51, September 19, 2000.) The wording is very specific, just like in #2. Therefore illegal possession will be considered neither a crime nor an aggravating circumstance.
Under para 4, what if a person committed slight physical injury, there and then was arrested and an unlicensed firearms was tucked on his waist and seized from him. Can that person be held liable for illegal possession of firearms? Considering that another crime was committed.
ReplyDeleteIf that firearm was used to commit the crime, the possession is absolved. If, however, the firearm wasn't used and was merely recovered from the perpetrator when he was arrested, then there are already 2 crimes: slight physical injuries and illegal possession of firearms.
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