Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1952 > October 1952 Decisions > G.R. No. L-4835 October 29, 1952 - PEOPLE OF THE PHIL. v. ANDRES GARCIA

092 Phil 195:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-4835. October 29, 1952.]

The PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANDRES GARCIA, Defendant-Appellant.

Jorge B. Delgado for Appellant.

Solicitor General Pompeyo Diaz and Solicitor Antonio A. Torres for Appellee.

SYLLABUS


1. CRIMINAL LAW AND PROCEDURE; HOMICIDE AND ILLEGAL POSSESSION OF FIREARM. — He who, within the period of one year from June 10, 1950, surrendered a firearm to a policeman and at the same time admitted that he had killed a person with it, is guilty both of homicide and illegal possession of firearm under Republic Act No. 482.

2. ID.; PREVIOUS CONVICTION FOR HOMICIDE, NOT A BAR TO PROSECUTION FOR ILLEGAL POSSESSION OF THE FIREARM USED THEREIN. — His previous conviction for homicide in which he used the same firearm is not a bar to his prosecution for illegal possession thereof. Such illegal possession was of course distinct from his homicidal act.


D E C I S I O N


PARAS, C.J. :


The appellant, Andres Garcia, was found guilty of illegal possession of firearm and ammunition by the Court of First Instance of Samar, and sentenced to undergo imprisonment for a period of from 5 to 10 years.

In the morning of February 10, 1951, the appellant appeared before municipal policeman Donato Pantaleon in the municipal building of Catbalogan, Samar, and surrendered a carbine, a magazine, and four rounds of ammunition. In doing so, the appellant admitted to the policeman that he had shot one Victorino Abobo.

In the present appeal, counsel for the appellant argues that, under section 1 of Republic Act No. 482, a holder or possessor of an unlicensed firearm or ammunition could surrender the same within one year from June 10, 1950, and was criminally liable only when "found, within the aforementioned period of time, making use of said firearm and ammunition or carrying them on his person except for the purpose of surrendering them" ; and that as the appellant was not caught or seen in the act of using the firearm or ammunition surrendered by him, he cannot be convicted of illegal possession thereof.

This is untenable, since the law, in allowing the surrender of an unlicensed firearm or ammunition within a fixed period, obviously sought to present their use in the meantime. Hence, the expression "found . . . making use of said firearm and ammunition" must be construed to include cases wherein the unlicensed firearm or ammunition is proved to have been used at any time within the specified period of one year.

Appellant’s contention that his previous conviction for the crime of homicide in which he used the same firearm, is a bar to his prosecution for illegal possession thereof, if he is not to be punished twice for a single act, deserves no serious consideration. His illegal possession of the firearm was of course distinct from his homicidal act.

Wherefore, the appealed decision is affirmed with costs against the appellant. So ordered.

Pablo, Bengzon, Padilla, Montemayor, Jugo, Bautista Angelo and Labrador, JJ., concur.




Back to Home | Back to Main


chanrobles.com



ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com





October-1952 Jurisprudence                 

  • G.R. No. L-4364 October 7, 1952 - FELIPE B. PAGKANLUÑGAN v. HON. MANUEL DE LA FUENTE, ET AL.

    092 Phil 94

  • G.R. No. L-3645 October 8, 1952 - J. ANTONIO ARANETA, ET AL. v. RURAL PROGRESS ADM.

    092 Phil 98

  • G.R. No. L-4725 October 15, 1952 - IN RE: YU LO v. REPUBLIC OF THE PHIL.

    092 Phil 105

  • G.R. No. L-3784 October 17, 1952 - ERNEST BERG v. MAGDALENA ESTATE, INC.

    092 Phil 110

  • G.R. No. L-4665 October 17, 1952 - ROBUSTIANO CARAGAO, ET AL. v. HON. CIRILO C. MACEREN, ET AL.

    092 Phil 121

  • G.R. No. L-4549 October 22, 1952 - PEOPLE OF THE PHIL. v. BIENVENIDO CAPISTRANO

    092 Phil 125

  • Adm. Case No. 126 October 24, 1952 - IN RE: ATTY. TRANQUILINO ROVERO

    092 Phil 128

  • G.R. No. L-4397 October 24, 1952 - IN RE: DELFIN LIMTAO v. REPUBLIC OF THE PHIL.

    092 Phil 130

  • G.R. No. L-4614 October 24, 1952 - JUAN DELIVA v. HON. JOSE T. SURTIDA, ET AL.

    092 Phil 131

  • G.R. No. L-5138 October 24, 1952 - GERONIMO P. VIBAL v. ARSENIO C. ROLDAN, ET AL.

    092 Phil 137

  • G.R. No. L-5424 October 24, 1952 - REPUBLIC OF THE PHIL. v. QUERUBE C. MAKALINTAL, ET AL.

    092 Phil 142

  • G.R. No. L-3751 October 25, 1952 - VISAYAN DISTRIBUTORS, INC. v. MARIANO R. FLORES, ET AL.

    092 Phil 145

  • G.R. No. L-4032 October 25, 1952 - IN RE: CHUA PIENG v. REPUBLIC OF THE PHIL.

    092 Phil 155

  • G.R. No. L-4603 October 25, 1952 - IN RE: MANUEL SINGSON v. EMILIA FLORENTINO, ET AL.

    092 Phil 161

  • G.R. No. L-4992 October 27, 1952 - ALFREDO MIRANDA v. DAVID GUANZON, ET AL.

    092 Phil 168

  • G.R. No. L-5221 October 27, 1952 - BENITO R. FERRER v. POTENCIANO PECSON, ET AL.

    092 Phil 172

  • G.R. No. L-3970 October 29, 1952 - GURBAX SINGH PABLA & CO., ET AL. v. HERMOGENES REYES, ET AL.

    092 Phil 177

  • G.R. No. L-4441 October 29, 1952 - ROSA BRACAMONTE, ET AL. v. COURT OF APPEALS, ET AL.

    092 Phil 186

  • G.R. No. L-4625 October 29, 1952 - EUGENIO EVANGELISTA, ET AL. v. BRIGIDA SORIANO

    092 Phil 190

  • G.R. No. L-4835 October 29, 1952 - PEOPLE OF THE PHIL. v. ANDRES GARCIA

    092 Phil 195

  • G.R. No. L-5188 October 29, 1952 - ALICIA S. GONZALES v. ASIA LIFE INSURANCE CO.

    092 Phil 197

  • G.R. No. L-5187 October 29, 1952 - MORA O. SANNA v. MORA O. AJIRIA

    092 Phil 200

  • G.R. No. L-5298 October 29, 1952 - PNB v. PEDRO C. RELATIVO, ET AL.

    092 Phil 203

  • G.R. No. L-5628 October 29, 1952 - MANILA RAILROAD CO. v. EL TRIBUNAL INDUSTRIAL

    092 Phil 208

  • C.A. No. 6119-R October 29, 1952 - PEOPLE OF THE PHIL. v. PABLO ISAAC

    092 Phil 210

  • G.R. No. L-4466 October 30, 1952 - ELENA AMEDO v. RIO Y OLABARRIETA, INC.

    092 Phil 214

  • G.R. No. L-4630 October 30, 1952 - NICOMEDES SULLER v. PRIMITIVO S. PEREZ

    092 Phil 216