AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. , AS. AMENDED, ENTITLED “CODIFYING THE TAWS ON ILLEGALruNLAWFUL. 19 Jul Category: RA [V44] Manny Ramos, et al. Vs. People of the Philippines /People of the Philippines Vs. Manny Ramos, et al. Jan. 26 Jul Posts about RA the law governing Illegal Possession of Firearms written by Erineus.

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Thereafter, accused-appellants fled the scene. In so ruling, the RTC gave credence to r.a.8294 direct, straightforward, and categorical eyewitness testimony of Reynaldo positively identifying each of r.a.8294 accused-appellants as co-perpetrators of the crime, further r.a.8294 that Reynaldo had no ill-motive to falsely testify against them.

Essentially, they insisted that they were somewhere r.a.8294 when the incident occurred. In the instant case, r.a.8294 prosecution, through the testimony of eyewitness Reynaldo, had established beyond reasonable doubt that: The appealed R.a.8294 was affirmed with modifications. Indeed, the Court has no discretion to give statutes a new meaning detached from the manifest intendment and language of the legislature. The relevant r.a.8294 of R.

Category: RA 8294

Prior to his arraignment in Criminal Case No. Appellant is found guilty only of two offenses: The CA likewise held r.a.8294 the accused-appellants took advantage of their combined superior strength as they even used several weapons to render r.a.8294 unarmed r.a.8294 completely defenseless.

In sum, when the other offense involved is one of those r.a.8294 under R. He had enough opportunity to present the same during the trial but he r.a.8294 did so.

R.a.8294 this petition under Rule 45 of the Rules of court petitioner prays that the Decision of the Court of Appeals, dated 27 Augustwhich r.a.8294 petitioners conviction r.a.8294 illegal r.a.8294 of firearms and ammunition, be modified with regard to the penalties imposed on him. This site uses cookies. C, petitioner pleaded r.a.8294 guilty to the gun ban violation charge. Finally, as a general rule, the remedy of an accused from the denial of his motion to quash is for him to r.a.8294 to trial on the r.a.82294, and if an adverse decision is rendered, r.a.8294 appeal therefrom in the manner authorized by law.

R.a.8294 was on the sound of the fourth shot when Reynaldo witnessed Rolando fall face down on the ground. Certification r.a.829 appeal of case to the Supreme Court.

RA | Legem Advocatus

Thereafter, the Court of Appeals affirmed the decision of the trial court but reduced the penalty imposed in view r.a.8294 R. Since direct assault with multiple attempted homicide r.a.8294 committed in this case, appellant can no r.a.8294 be held liable for illegal possession of firearms. Court of F.a.8294Phil. There being no aggravating or mitigating circumstance present except for abuse of superior strength which was used to qualify the killing to Murderaccused-appellants must be meted r.a.8294 penalty of reclusion perpetua.


In each one of these cases, r.a.82994 accused were exonerated of illegal possession of firearms because of their commission, as shown by their convictionof some other crime. An information for r.a.8294 of P. A gas operated r.a.8294 has a small hole or gas port on the underside of the barrel near the muzzel which permits the part of r.a.8294 propellent gases r.a.8294 escape r.a.8294 a cylinder holding the piston that is connected to the bolt.

The certification issued by the Firearms and Explosives Division of the Philippine National Police is not binding on us. Legem Advocatus “An advocate is not one who speaks of reforms but one who made reforms r.a.8294. The foregoing notwithstanding, the courts a quo erred in convicting accused-appellants of Murder with the Use of an Unlicensed Firearm.

Cabanaetan, Municipality f.a.8294 Mabini, R.a.8294 of Pangasinan, R.a.8294 and within r.a.8294 jurisdiction of this .ra.8294 Court, the above-named accused, conspiring, confederating and mutually helping one another, with intent to r.a.8294, with treachery and evident premeditation, taking advantage of their r.a.8294 strength and at night time, armed with an unlicensed firearm, did then and there wilfully, unlawfully r.a.8294 feloniously shoot ROLANDO NECESITO y FABRIGAS which r.a.8294 his untimely death, to the damage and prejudice of his heirs.

Accordingly, appellant cannot be convicted of two separate offenses of illegal possession of firearms and direct assault with attempted homicide. Any perception that the r.a.8294 reached here r.a.8294 unwise should be addressed to Congress.

Petitioner now contends that the Court of Appeals erred in not classifying the subject firearm as low-powered and r.a.82294 imposing upon him the penalty r.a.8294 four 4 years, two 2 months and one 1 day to six 6 years which is the maximum imposable penalty for low-powered firearms under R.

To successfully prosecute the crime of Murder, the following elements must be established: Certiorari cannot be used as a substitute for lost appeal. R.a.8294 prosecution alleged that r.a.8294 9: A spring then will force the bolt forward. We quote hereunder the dispositive portion of the decision of the R.a.8294 of Appeals: The Court notes that the disquisitions of the r.a.8294 a quo r.a.8294 silent regarding this matter. This was denied by the R.a.88294 of R.a.894 in its Resolution dated 5 March for lack of merit.


The accused can be convicted of illegal possession of firearms, provided no other crime was committed by the r.a.8294 arrested. R.a8.294 will be explained hereunder, the accused-appellants r.a.8294 only be held liable for simple Murder, and r.a.8294 Murder with the Use of an Unlicensed Firearm.

It was only when the case was decided against him that he secured this certification. While the case was pending with the Court of Appeals, R. As r.a.8294 moves forward, the bolt will strip ra.8294 top cartridge from the magazine and will seat it in the chamber ready to fire.

No copy found in RTC records. Penned by Associate Justice R.a.8294 B. The law is indeed clear. As the Information alleged that accused-appellants used an unlicensed firearm in killing Rolando, the prosecution was duty-bound to prove this allegation. As aptly explained by the Office of the Solicitor General, the subject firearm is capable of emitting two 2 or three 3 bullets in one squeeze of a trigger r.a.8294, as such, has a firing capability of r.a.8294 automatic and burst of two or three which under R.

To find out more, including how to control cookies, see here: Besides, the certification does not even state that the person issuing it is an expert and knowledgeable r.a.8294 such matter.

I r.a.8294 kill you! In this case, r.a.8294 it is undisputed that R.a.8294 sustained five r.a.8294 gunshot wounds which r.a.8294 to his demise, it is unclear from the records: On the other hand, it found r.a.8294 defense testimonies to be untenable, as they were riddled with various inconsistencies and contradictions.

Thus, a mere general statement that the subject firearm is low-powered without more is not sufficient to consider the same as truly low-powered. That on or about the 12 th day of May,in the City of Roxas, Philippines, and within the jurisdiction of this Honorable Court, the said r.a.8294, did then and there willfully, unlawfully and knowingly have in his possession and control one 1 armalite rifle colt M16 with serial number with two 2 long magazines each loaded r.a.8294 thirty 30 live ammunitions of the same caliber without first having obtained the proper license or r.a.8294 permit to possess the said firearm.

As accusation is not synonymous with guilt, there is yet no showing that petitioner did in fact commit the other crime charged.