2 - People V Lazaro

8/21/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME317
VOL. 317, OCTOBER 26, 1999 435

People vs. Lazaro
*
G.R. No. 112090. October 26, 1999.
PEOPLE OF THE PHILIPPINES, plaintiffappellee, vs.

APOLINAR LAZARO y SERVANIA, accusedappellant.
Criminal Law Illegal Possession of Firearm Elements of

illegal possession of firearms under Presidential Decree No. 1866.
In cases involving illegal possession of firearms under P.D.
1866, as amended, the prosecution has the burden of proving the
elements thereof, viz.: (a) the existence of the subject firearm and
(b) the fact that the accused who owned or possessed it does not
have the corresponding license or permit to possess the same.
Same Same Evidence Either the testimony of a
representative of, or a certification from, the Philippine National
Police Firearms and Explosive Office attesting that a person is not
a licensee of any firearm would suffice to prove beyond reasonable
doubt the second element of possession of illegal firearms.
Accusedappellant contends that the trial court erred in
admitting and relying upon the said certification considering that
the person who made the document was not presented in court to
testify. Thus, accusedappellant argues, the certification should
have been excluded for being hearsay. There is no merit in the
above argument. On several occasions, the Court has ruled that
either the testimony of a representative of, or a certification from,
the PNP Firearms and Explosive Office at
_______________
* THIRD DIVISION.
436
436 SUPREME COURT REPORTS ANNOTATED
People vs. Lazaro

http://www.central.com.ph/sfsreader/session/00000156ac95c9c7a722b221003600fb002c009e/t/?o=False 1/19
testing that a person is not a licensee of any firearm would suffice

to prove beyond reasonable doubt the second element of
possession of illegal firearms. Moreover, the rule on hearsay
evidence admits of several exceptions.
Same Same In People vs. Quijada, violation of Presidential
Decree 1866 is an offense distinct from murder or homicide and
the accused is culpable for two separate offenses.Under the
ruling in People vs. Quijada, violation of P.D. 1866 is an offense
distinct from murder or homicide and the accused is culpable for
two separate offenses.
Same Same Republic Act No. 8294 reduced the penalties for
simple and aggravated forms of illegal possession and considering
the use of an unlicensed firearm simply as an aggravating
circumstance in murder or homicide.Republic Act No. 8294 has
since amended P.D. No. 1866 by reducing the penalties for simple
and aggravated forms of illegal possession and considering the
use of an unlicensed firearm simply as an aggravating
circumstance in murder or homicide.
Same Same In view of the amendments introduced by
Republic Act 8294, there can be no separate conviction of the crime
of illegal possession of firearms under Presidential Decree 1866.
In view of these amendments introduced by R.A. 8294, this
Court has recently in the case of People vs. Molina, and reiterated
in People vs. Feloteo, that there can be no separate conviction of
the crime of illegal possession of firearms under P.D. 1866.
Same Same Illegal possession of firearms is merely to be
taken as an aggravating circumstance in the homicide case.In
view of the amendments introduced by Republic Act 8294 to
Presidential Decree 1866, separate prosecutions for homicide and
illegal possession are no longer in order. Instead, illegal
possession of firearms is merely to be taken as an aggravating
circumstance in the homicide case.
APPEAL from a decision of the Regional Trial Court of

Naga City, Br. 24.
The facts are stated in the opinion of the Court.

The Solicitor General for plaintiffappellee.
437
VOL. 317, OCTOBER 26, 1999 437

People vs. Lazaro
Public Attorneys Office for accusedappellant.
GONZAGAREYES, J.:
1
This is an appeal from the decision dated 1 March 1993 of
the Regional Trial Court of Naga City, Branch 24, finding
accusedappellant Apolinar Lazaro y Servania guilty of the
crime of illegal possession of firearms and ammunition
under Section 1 of Presidential Decree No. 1866 and
sentencing him to suffer the penalty of reclusion perpetua
and to pay the costs.2
The information dated 6 May 1991, docketed as
Criminal Case No. 913483, filed against accusedappellant
alleged:
That on or about May 5, 1991, in the City of Naga, Philippines,

and within the jurisdiction of this Honorable Court, the
abovenamed accused, did, then and there, willfully, unlawfully
and feloniously have in his possession, custody and control one (1)
handgun, Cal. 38 Revolver TMSquires Bingham, SN1029315
with 6 empty shells on (sic) the chamber, said accused not having
any license and/or permit to possess and carry the same from the
authorities charged with the issuance thereof. That the aforesaid
firearm has been used in shooting two persons one of whom died
and the other has (sic) serious condition at the Mother Seton
Hospital.
It appears that a separate case for homicide, docketed as3

Criminal Case No. 913487, was filed against the accused
but was tried separately before the same judge.
Upon arraignment in Criminal Case No. 913483 (the
illegal possession case), accusedappellant entered a plea of
not guilty and thereafter, trial on the merits ensued.
To prove its case, the prosecution presented four (4)
witnesses, namely: Pfc. Edilberto Puncia, Sgt. Alejandro
Bonnet, Cpl. Jose Manzanero, and Major Jose A. Tuazon.
_______________
1 Per Judge Carmen G. San Vicente.

2 Rollo, p. 8.
3 Records, pp. 612.
438

People vs. Lazaro
The facts as shown by the evidence of the prosecution

reveal that on 05 May 1990, at around 3:30 p.m., Police
Sergeant Alejandro Bonnet was on board a Mobile Patrol
conducting an inspection of traffic policemen. While

cruising along Panganiban Drive in Naga City, his
attention was called by bystanders who were shouting that
there was a bloodied man beside the driver of a Toyota type
jeep that was traveling south.4
This prompted P/Sgt. Bonnet
to go after the said vehicle.
When the Toyota jeep stopped along Gen. Luna Street,
Bonnet was able to see a man with blood all over him
beside the driver. P/Sgt. Bonnet then instructed the driver5
to follow the mobile patrol to the Bicol Regional Hospital.
When they arrived at the Bicol Regional Hospital, he saw
that his station commander, Police Major Jose A. Tuazon,
was waiting for them.
It appears that earlier Police Major Tuazon received a
telephone call at around 4:00 a.m. informing him that a6
shooting incident had occurred at Queborac, Naga City.
Major Tuazon then immediately dispatched Capt. Guisic
and Pat. Barbosa to the crime scene in order to investigate
the report.
Moments later, Major Tuazon received another
telephone call, this time from the Naga City Hospital
informing him that a wounded man, on board a yellow
colored Toyota Tamaraw jeep driven by a person armed
with a 7 handgun, was brought for treatment at the
hospital. Thereafter, Major Tuazon, together with Pfc.
Edilberto Puncia proceeded to the Naga City Hospital.
Upon their arrival, they were informed that the Toyota jeep
had already left with the injured person and was on its way
to the Bicol Regional Hospital. The police officers
immediately proceeded to the said hospital. They took a
shorter route and were able to arrive ahead of the Toyota
_______________
4 TSN, October 7, 1990, pp. 2324.

5 Ibid., p. 25.
6 TSN, October 17, 1991, p. 4.
7 Ibid., pp. 45.
439
VOL. 317, OCTOBER 26, 1999 439

People vs. Lazaro
jeep. After a short wait, they saw the Naga City Police
Mobile Patrol 8 arrive at the hospital escorting a Toyota
Tamaraw jeep.
The injured person was brought inside for treatment. As

he was previously informed that the driver of the jeep was
armed with a handgun, Major Tuazon ordered the said
driver to step out of his jeep. He then saw the driver
9
with a
handgun 10
tucked in his waist, pull out the handgun from
11
its
holster and drop it at the back of the drivers seat. Upon
seeing the gun, Major Tuazon pulled the driver out of the
vehicle, got hold of the gun which turned out to12 be a .38
caliber revolver bearing Serial
13
Number 1029315. The gun
contained six empty shells.
Major Tuazon then confronted the driver and asked him
why he was carrying a gun and whether he had a license to
possess said
14
firearm. The driver did not respond to his
question.
Maj. Tuazon brought the driver to the police
headquarters and turned over the 15
firearm to the duty
investigator, Cpl. Jose Manzanero. At the police station,
he learned that the name of the driver was Apolinar
Lazaro, herein accusedappellant.
A certification dated August 20, 1991, issued by Supt.
Antonio T. Sierra, Chief of the Firearms and Explosives
Office (FEO) at Camp Crame was presented in court by the
public prosecutor. The certification stated that accused
appellant is
_______________
8 Ibid., p. 6.
9 Exhibit A.
10 Exhibit A1.
11 TSN, October 17, 1991, pp. 69.
12 Ibid., p. 12.
13 Exhibits B to B5.
14 TSN, October 17, 1991, p. 11.
15 TSN, October 16, 1991, p. 4.
440

People vs. Lazaro
not a licensed
16
or registered firearm holder of any kind or
caliber.
For his part, accusedappellant recounted the
circumstances which led to his capture at the Bicol
Regional Hospital. He testified that on 5 May 1991, at
around 9:00 a.m., he, together with his nephew Manolo
Lazaro and Ricardo Ronquillo went to Marupit, Camaligan,
17
Camarines Sur for a drinking spree. While drinking,
17
Camarines Sur for a drinking spree. While drinking,
accusedappellant and Ricardo Ronquillo allegedly had a
little discussion about a fishing net. They left the place at
around 3:00 p.m. on board a Toyota Tamaraw 18
jeepney
being driven by his nephew, Manolo Lazaro. On the way
back, Manolo Lazaro stopped the jeep in order to urinate
and while he was alighting therefrom, accusedappellant
saw Ronquillo draw a gun and point it at him (accused
appellant). Allegedly in selfdefense, accusedappellant
grappled for the possession of the gun19
and as a result, he
and Ronquillo fell to the ground. As they continued
grappling for the gun, accusedappellant heard several
shots go off. Immediately after the shots were fired and
while still grappling for possession of the gun, he heard
somebody shout that he was hit. He realized that it was his
nephew, Manolo Lazaro, who was shot and who was telling
accusedappellant to bring him to the hospital. As he was
still grappling with Ronquillo, he could not immediately do
anything about his nephews cries for help. After a while,
accusedappellant felt Ronquillo weakening and stop
moving. He then drove Manolo Lazaro to the hospital as he
was shouting for help. Accusedappellant claimed that he
did not know what had happened to Ronquillo after he left
him at the scene of the incident.
20
He also could not recall
where he had placed the gun.
Accusedappellant declared that he drove the Tamaraw
jeepney to the Naga City Hospital but they were not
accepted
_______________
16 TSN, October 17, 1991, p. 20.

17 TSN, May 27, 1992, pp. 36.
18 Ibid., pp. 67.
19 Ibid., pp. 78.
20 Ibid. p. 9.
441
VOL. 317, OCTOBER 26, 1999 441

People vs. Lazaro
21
as the hospital had no facilities for emergencies. While
driving to another hospital, he noticed a police car trailing
them. He then gave a signal to the police car to escort them
to a hospital. One of the policemen then alighted from the
car and inspected the jeepney. The policeman did not take
anything from the jeepney. The policeman then signaled
accusedappellant to 22
follow the patrol car to the Bicol
Regional Hospital. When they reached the hospital,
accusedappellant went down from the Tamaraw jeepney
and assisted in bringing down his nephew, Manolo Lazaro.
Accusedappellant was then told by the policemen to ride in
the police mobile car. As they were about to leave the
hospital, he saw several persons searching the jeepney. The
policemen then brought him to the City Jail where he 23
remembered being asked why he was carrying a gun.
When the gun was shown to him, accusedappellant stated
that he was not sure whether it was the same gun he was
grappling with Ronquillo for, as the incident happened
quite fast. He also cannot remember Major Tuazons
account that accusedappellant pulled the gun and holster
from his waist. What he remembers is that after alighting
from the jeepney, he went around the jeepney and assisted
Manalo because
24
the latter was then leaning on the side of
the jeepney.
In rebuttal, the prosecution presented Dr. Joel Jurado
who testified that he conducted the autopsy on Ricardo
Ronquillo. He found that the cause of death
25
was due to loss
of blood from his gunshot wounds. The victim died
instantaneously. In his opinion, the injuries were not
inflicted accidentally
26
as more than one shot was inflicted
on the victim. In surrebuttal, accusedappellant testified
anew and stated that both he and Ronquillo fell from the
jeepney while
_______________
21 Ibid., p. 10.
22 Ibid., pp. 1012.
23 Ibid., pp. 1213.
24 Ibid., pp. 1619.
25 TSN, July 21, 1992, pp. 2122.
26 Ibid., p. 27.
442

People vs. Lazaro
grappling for the gun. He testified that during the struggle,

there were times when the gun was in his possession and
there were27 also times when it was in the possession of
Ronquillo. He cannot recall who was holding the gun
when it was fired.
After trial,
28
the lower court rendered a decision dated 1
March 1993 finding accusedappellant guilty as charged,
the dispositive portion of which reads:
WHEREFORE, for all the foregoing, the Court finds accused

Apolinar Poly Lazaro guilty beyond reasonable doubt of the
crime of Illegal Possession of Firearms and Ammunition under
Section 1 of Presidential Decree No. 1866 and hereby sentences
said accused to suffer the penalty of reclusion perpetua, and to
pay the costs. The handgun (Exh. A) and the spent shells (Exhs.
B, B1 to B5) are confiscated and ordered forfeited in favor of the
government.
Hence, this appeal where accusedappellant raises the sole

assignment of error that the trial court erred in finding the
accused guilty beyond reasonable doubt of the crime of
illegal possession
29
of firearms and ammunition qualified by
homicide.
In cases30 involving illegal possession of firearms under
P.D. 1866, as amended, the prosecution has the burden of
proving the elements thereof, viz.: (a) the existence of the
subject firearm and (b) the fact that the accused who
owned or possessed it does not have 31
the corresponding
license or permit to possess the same.
_______________
27 TSN, August 26, 1992, p. 4.

28 Rollo, pp. 1720.
29 Appellants Brief, p. 1 Rollo, p. 34.
30 Codifying the Laws on Illegal/Unlawful Possession, Manufacture,
Dealing in, Acquisition or Disposition, of Firearms, Ammunition or
Explosives or Instruments Used in the Manufacture of Firearms,
Ammunition or Explosives, and Imposing Stiffer Penalties for Certain
Violations Thereof and for Relevant Purposes.
31 People vs. Khor, G.R. No. 126391, May 19, 1999, 307 SCRA 295
People vs. Bergante, 286 SCRA 629.
443
VOL. 317, OCTOBER 26, 1999 443

People vs. Lazaro
In the case at bench, the first element is beyond dispute as

the subject firearm and six empty shells were recovered
from the accusedappellant while he was alighting from the
Tamaraw jeepney. Thus, Major Tuazon testified:
Q: What did you actually do when the car stopped?

A: Being aware that the driver was then armed, I was

ready to get hold of him, and when I saw the gun tacked
on his waist, he pulled it and dropped it at his back.
Q: You said he pulled a handgun from his waist, will you
please indicate on what particular place was it placed?
A: It was near, it was more in front of his waist. (The
witness is pointing to the rightside middle portion of his
waistline).
Q: And, in relation to the driver, where were you then
when you saw him pulled (sic) that gun?
A: I was very near because I wanted to get hold of him.
Q: And, where did he dropped (sic) the said handgun, as
you said?
A: Right at his back, at the back of the drivers seat.
Q: So, he just dropped it on the seat behind the drivers
seat?
A: Yes, sir.
Q: And, that gun has a holster?
A: Yes, Sir. Inside a holster bag tacked on his waist.
Q: When he pulled that gundid he pull that gun alone?
A: He pulled it together with the holster.
Q: And he placed the gun inside the holster right behind
the drivers seat?
A: He pulled the gun together with the holster and
dropped the same at his back.
Q: By the way, what kind of gun was that? A revolver?
A: Yes, Sir.
Q: And, what did you do upon seeing that the gun together
with the holster was dropped by the accused at his
back?
444

People vs. Lazaro
A: I pulled the
32
driver out, and I immediately got hold of
the gun.
The subject firearm, its holster and the six empty shells
were identified and offered in evidence during the trial.
As to the second element, accusedappellant contends

that the prosecution failed to prove the absence of a license
to carry a firearm as the prosecution merely marked in
evidence a certification from the Firearms and Explosive
Section in Camp Crame without presenting the person who
issued the certification himself, a certain Antonio Sierra.
Over the objection of accusedappellants counsel, the lower
court admitted the exhibit on the ground that the same is
an official public record and because the fiscal stated that
he himself saw the signatory sign the document.
The records of the case show that the prosecution merely
presented in court the certification from the Firearms and
Explosive Office before formally offering its documentary
evidence. Thus:
PROS. ESTELA:
I am, Your Honor, please, formally submitting the
certification issued at Camp Crame on August 20, 1991
of the firearms and explosives office, issued by the
firearms and explosive office, issued by A.T. Sierra,
Service Sup. MNSA, PNB Chief . . . firearms and
explosive office to the effect which readsthis is to
certify that Apolinar Lazaro is not a licensed or
registered firearms holder of any kind or caliber . . .
(the fiscal is reading)
I would like to request that it be marked as Exhibit
D, for the purpose of this is to show to the Honorable
Court that this accused is not a registered licensed
holder of the subject firearm, and your Honor, may I
please be allowed to rest my case.
With the formal offer of evidence for the
prosecution, with the testimonies of Pfc. Ed. Puncia,
Sgt. Alejan
_______________
32 TSN, October 17, 1991, pp. 810.
445
VOL. 317, OCTOBER 26, 1999 445

People vs. Lazaro
dro Bonet, Cpl. Jose Manzanero, and Maj. Jose Tuazon,

and the following (documentary) exhibits
x x x
Exhibit D is the certification of the firearms
explosive office to the effect that herein accused is not a
licensed or registered holder of any firearm. This is dated
August 20, 1991.
Exhibit D1 which I request to be marked as such
the signature of Antonio A. Sierra, the issuing officer of
the firearms and explosives office. The signature was
affixed in my presence when I personally procured this
certification from the Camp Crame.
With all of these evidence, testimonial, physical and
documentary evidence, we close the presentation of
evidence for the prosecution.
ATTY. FERNANDEZ:
x x x
We have no objection to its submarkings. We are,
however, objecting to Exhibits D and D1 being self
serving as the author of said certification was not
presented for crossexamination.
x x x
PROS. ESTELA:
x x x
And, as to Exhibit D and Exhibit D1, this is an
official document which is an exception to the hearsay
rule. This is an official public document.
COURT:
No other objections?
x x x
Exhibit D is a public document, which was procured
in line of duty, and considering that according to the
Fiscal he himself was a witness to the signatory of the
same.
All the exhibits are admitted.
446

People vs. Lazaro
Accusedappellant contends that the trial court erred in

admitting and relying upon the said certification
considering that the person who made the document was
not presented in court to testify. Thus, accusedappellant
argues, the certification should have been excluded for

being hearsay.
There is no merit in the above argument.
On several occasions, the Court has ruled that either the
testimony of a representative of, or a certification from, the
PNP Firearms and Explosive Office attesting that a person
is not a licensee of any firearm would suffice to prove
beyond reasonable33 doubt the second element of possession
of illegal firearms. Moreover, the rule on hearsay evidence
admits of several exceptions.
One such exception is that provided for under Rule 130,
Section 44 of the Rules of Court which states as follows:
Rule 130, Section 44. Entries in official records.Entries in

official records made in the performance of his duty by a public
officer of the Philippines, or by a person in the performance of a
duty specifically enjoined by law, are prima facie evidence of the
facts therein stated.
Relative to this provision, Rule 132, Section 28 of the same

Rules allows the admission of the said document. Thus:
Rule 132, Sec. 28. Proof of lack of record.A written statement

signed by an officer having custody of an official record or by his
deputy that after diligent search no record or entry of a specified
tenor is found to exist in the records of his office, accompanied by
a certificate as above provided, is admissible as evidence that the
records of his office contains no such record or entry.
In the case at bench, the Certification issued by the

Commanding Officer of the PNPFirearm and Explosives
Office, which is the repository of all records regarding
firearms in the Philippines, is competent and admissible
evidence to prove
________________
33 Padilla vs. Court of Appeals, 269 SCRA 402 Rosales vs. CA, 255
SCRA 123 People vs. Orehuela, 232 SCRA 82.
447
VOL. 317, OCTOBER 26, 1999 447

People vs. Lazaro
that accusedappellant is not a licensed holder or possessor

of a firearm of any kind or caliber. Indeed, the certificate of
a custodian that he has diligently searched for a document
or an entry of a specified tenor and has been unable to find
it ought to be as satisfactory an evidence of its non

existence in his34office as his testimony on the stand to this
effect would be.
Accusedappellant finally argues that assuming that he
is guilty, he should only be convicted of the crime of simple
illegal possession not qualified by homicide. He offers two
propositions in support of this argument.
First, accusedappellant argues that the information
filed against him in Criminal Case No. 913483 did not
clearly allege the crime of homicide. Instead, he argues, it
was the separate information for homicide filed in Criminal
Case No. 913487 which alleged all the elements of
homicide. He states further that the case for homicide, for
which he was likewise convicted, is now the subject of an
appeal with the Court of Appeals.
Second, accusedappellant argues that assuming that
the information in Criminal Case No. 913483 sufficiently
alleged the said qualifying circumstance, he still could not
be convicted of the crime of illegal possession of firearms
and ammunition qualified by homicide as the prosecution
failed to prove the fact of homicide during the trial of
Criminal Case No. 913483. The prosecution, he contends,
did not produce any eyewitness to the homicide. Instead,
the alleged eyewitness to the homicide, Manolo Lazaro, was
only presented in Criminal Case No. 913487, the homicide
case, which was being tried separately.
We do not find it necessary to consider accused
appellants arguments. The enactment of Republic Act No.
8294, which amended the provisions of P.D. 1866, has
rendered said arguments moot and academic.
_______________
34 3 Wigmore on Evidence, cited in People vs. Quebral, 68 Phil. 567.
448

People vs. Lazaro
Accusedappellant was convicted of illegal possession of

firearms under Section 1 of P.D. No. 1866 which was the
governing law at the time the crime was committed in
1991. Section 1 of P.D. 1866 provides:
Sec. 1. Unlawful Manufacture, Sale, Acquisition, Disposition or

Possession of Firearms, Ammunition or Instruments Used or
Intended to be Used in the Manufacture of Firearms or
Ammunition.The penalty of reclusion temporal in its maximum

period to reclusion perpetua shall be imposed upon any person
who shall unlawfully manufacture, deal in, acquire, dispose or
possess any firearm, part of firearm, ammunition, or machinery,
tool or instrument used or intended to be used in the manufacture
of any firearm or ammunition.
If homicide or murder is committed with the use of an
unlicensed firearm, the penalty of death shall be imposed. (Italics
supplied)
35
Under the ruling in People vs. Quijada, violation of P.D.
1866 is an offense distinct from murder or homicide and
the accused is culpable for two separate offenses.
Republic Act No. 8294 has since amended P.D. No. 1866
by reducing the penalties for simple and aggravated forms
of illegal possession and considering the use of an
unlicensed firearm simply as an aggravating circumstance
in murder or homicide. The law now provides:
Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition

or Possession of Firearms or Ammunition or Instruments Used or
Intended to be Used in the Manufacture of Firearms or
Ammunition.The penalty of prision correccional in its maximum
period and a fine of not less than Fifteen thousand pesos
(P15,000.00) shall be imposed upon any person who shall
unlawfully manufacture, deal in, acquire, dispose, or possess any
low powered firearm such as rimfire handgun, .380 or .32 and
other firearm of similar firepower, ammunition, or machinery,
tool or instrument used in the manufacture of any firearm or
ammunition: Provided, That no other crime was committed.
_______________
35 259 SCRA 191.
449
VOL. 317, OCTOBER 26, 1999 449

People vs. Lazaro
The penalty of prision mayor in its maximum period and a fine of

Thirty thousand pesos (P30,000.00) shall be imposed if the
firearm is classified as high powered firearm which includes those
with bores bigger than .38 caliber and 9 millimeter such as caliber
.40, .41, .45 and also lesser caliber firearms but considered
powerful such as caliber .357 and caliber .22 centerfire magnum
and other firearms with firing capability of full automatic and by
burst of two or three: Provided, however, That no other crime was

committed by the person arrested.
If homicide or murder is committed with the use of unlicensed
firearm, such use of an unlicensed firearm shall be considered as
an aggravating circumstance. (italics supplied)
In view of these amendments introduced by R.A. 8294, this 36

Court has recently ruled in the case37of People vs. Molina,
and reiterated in People vs. Feloteo, that there can be no
separate conviction of the crime of illegal possession of
firearms under P.D. 1866. Thus in People vs. Molina, it was
held:
Fortunately for appellants, however, RA 8294 has now amended

the said decree and considers the use of an unlicensed firearm
simply as an aggravating circumstance in murder or homicide,
and not as separate offense. The intent of Congress to treat as a
single offense the illegal possession of firearm and the commission
of murder or homicide with the use of such unlicensed firearm is
clear from the following deliberations of the Senate during the
process of amending Senate Bill No. 1148:
Senator Drilon. On line 18, we propose to retain the original provision of

law which says, If homicide or murder is committed with the use of
unlicensed firearm. And in order that we can shorten the paragraph, we
would suggest and move that the use of the unlicensed firearm be
considered as an aggravating circumstance rather than imposing another
period which may not be in consonance with the Revised Penal Code.
So that if I may read the paragraph in order that it can be understood,
may I propose an amendment to lines 18 to 22
_______________
36 292 SCRA 742.

37 295 SCRA 607.
450

People vs. Lazaro
to read as follows: If homicide or murder is committed with the

use of the unlicensed firearm, SUCH USE OF AN UNLICENSED
FIREARM SHALL BE CONSIDERED AS AN AGGRAVATING
CIRCUMSTANCE.
x x x x x x x x x
Senator Santiago. Mr. President.
The president. With the permission of the two gentlemen, Senator

Santiago is recognized.
Senator Santiago. Will the principal author allow me as co
author to take the [f]loor to explain, for the information of our
colleagues, the stand taken by the Supreme Court on the question
of whether aggravated illegal possession is a complex or a
compound offense. May I have the [f]loor?
Senator Revilla. Yes, Mr. President.

Senator Santiago. Thank you.
In 1995, the Supreme Court held that when the crime of killing
another person is committed with the use of an unlicensed
firearm, the ruling in the case of People vs. Barros was that the
crime should only be illegal possession of firearm in its
aggravated form. But in the later case, in May 1996, in the case of
People vs. Evangelista, the court apparently took another position
and ruled that when a person is killed with the use of an
unlicensed firearm, it is possible to file two separate
information(s)one for murder and one for illegal possession of
firearms.
In other words, in two successive years, the Supreme Court
issued two different ways of treating the problem. The first is to
treat it as one crime alone in the aggravated form, and the second
is to treat is as two separate crimes.
So at this point, the Senate has a choice on whether we shall
follow the 1995 or the 1996 ruling. The proposal of the gentleman,
as a proposed amendment is to use the 1995 ruling and to
consider the offense as only one offense but an aggravated form.
That could be acceptable also to this coauthor.
The Presiding Officer [Sen. Flavier]. So, do I take it that the
amendment is accepted?
451
VOL. 317, OCTOBER 26, 1999 451

People vs. Lazaro
Senator Revilla. Yes, it is accepted, Mr. President. The Presiding Officer

[Sen. Flavier.] Thank you. Is there any objection to the amendment?
[Silence] There being none, the amendment is approved.
Although the explanation of the legal implication of the Drilon

amendment may not have been very precise, such modification, as
approved and carried in the final version enacted as RA 8294, is
unequivocal in language and meaning. The use of an unlicensed
firearm in a killing is now merely an aggravating circumstance in
the crime of murder or homicide. This is clear from the very
wordings of the third paragraph of Section 1 of RA 8294, which

reads:
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.
Furthermore, the preceding paragraphs, also in Section 1, state

that the penalties for illegal possession of firearms shall be
imposed provided that no other crime is committed. In other
words, where murder or homicide was committed, the separate
penalty for illegal possession shall no longer be meted
38
out since it
becomes merely a special aggravating circumstance.
In the case at bench, it is not disputed that accused

appellant was charged, tried and convicted for two separate
crimes of illegal possession and homicide. Accused
appellant, in his brief, refers to the homicide case in
arguing that his39 conviction in the illegal possession case
was not proper. Similarly, the SolicitorGeneral, in his
Brief, mentioned the homicide case in 40justifying the
sentence handed down by the trial court. Finally, the
records themselves show41
that trial in the two cases
proceeded separately. The two separate cases, Criminal
Case No. 913487 (for homicide) and Criminal Case No. 91
3483 (for illegal possession of firearm) were not tried
_______________
38 292 SCRA 742 @ pp. 779782.

39 Rollo, pp. 4749.
40 Rollo, pp. 102103.
41 Records, pp. 612.
452

People vs. Lazaro
jointly, although filed in the same trial court. Criminal 42

Case No. 913487 was appealed to the Court of Appeals.
In view of the amendments introduced by Republic Act
8294 to Presidential Decree 1866, separate prosecutions for
homicide and illegal possession are no longer in order.
Instead, illegal possession of firearms is merely to be taken
as an aggravating circumstance in the homicide case.
R.A. 8294 took effect on July 6, 1997. The crime involved
in the case at bench was committed on May 5, 1991. As a
general rule, penal laws will generally have prospective
application except where the new law will be advantageous

to the accused. In this case R.A. 8294 will spare accused
appellant from a separate conviction for the crime of illegal
possession of firearm. Accordingly, said law should be given
retroactive application. 43
In People vs. Valdez, this Court stated:
Republic Act No. 8294 took effect on July 6, 1997, fifteen days
after its publication on June 21, 1997. The crimes involved in the
case at bar were committed on September 17, 1995. As in the case
of any penal law, the provisions of Republic Act No. 8294 will
generally have prospective application. In cases, however, where
the new law will be advantageous to the accused, the law may be
given retroactive application (Article 22, Revised Penal Code).
Insofar as it will spare accusedappellant in the case at bar from a
separate conviction for the crime of illegal possession of firearms,
Republic Act No. 8294 may be given retroactive application in
Criminal Case No. U8749 (for Illegal Possession of Firearm)
subject of this present review.
As a word of caution, however, the dismissal of the present
case for illegal possession of firearm should not be misinterpreted
as
_______________
42 The Court of Appeals affirmed the judgment of conviction in its Decision

dated March 29, 1996. Motion for reconsideration of the said decision was denied
in a Resolution dated July 16, 1996. Petition for review on certiorari was denied by
this Court on the ground that there was no reversible error, entry of judgment was
made on November 13, 1996. The judgment of conviction in Criminal Case No. 91
3487 for homicide has thus become final.
43 G.R. No. 127663, prom. March 11, 1999, 304 SCRA 611.
453
VOL. 317, OCTOBER 26, 1999 453

People vs. Lazaro
meaning that there can no longer be any prosecution for the crime
of illegal possession of firearm. In general, 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 (murder or homicide under
Section 1, and rebellion, insurrection, sedition or attempted coup
detat under Section 3).
However, the use of an unlicensed firearm in the case at bar
cannot be considered as a special aggravating circumstance in
Criminal Case No. U8747 (for Complex Crime of Multiple
Murder), also under review herein, because it will unduly raise
the penalty for the four counts of murder from four reclusion
perpetua to that of fourfold death. Insofar as this particular
provision of Republic Act No. 8294 is not beneficial to accused
appellant because it unduly aggravates the crime, this new law
will not be given retroactive application, lest it might acquire the
character of an expost facto law.
Accordingly, and in line with the above ruling, the accused

appellant should be spared from a separate conviction for
the crime of Illegal Possession of Firearms, which is the
subject of the present review.
IN VIEW WHEREOF, we REVERSE and SET ASIDE
the decision finding accusedappellant guilty for violation
of P.D. 1866. Accusedappellant is hereby acquitted of the
said crime. Criminal Case No. 913483 is DISMISSED.
SO ORDERED.
Melo (Chairman), Vitug, Panganiban and Purisima,

JJ., concur.
Appealed decision reversed and set aside Accused

appellant acquitted.
Note.Lack or absence of a license is an essential

ingredient of the crime of illegal possession of firearm
which the prosecution must prove. (People vs. Tobias, 267
SCRA 229 [1997])
o0o
454
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8/21/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME317

VOL. 317, OCTOBER 26, 1999 435

PEOPLE OF THE PHILIPPINES, plaintiffappellee, vs.

Criminal Law Illegal Possession of Firearm Elements of

436 SUPREME COURT REPORTS ANNOTATED

People vs. Lazaro

testing that a person is not a licensee of any firearm would suffice

APPEAL from a decision of the Regional Trial Court of

The facts are stated in the opinion of the Court.

VOL. 317, OCTOBER 26, 1999 437

Public Attorneys Office for accusedappellant.

That on or about May 5, 1991, in the City of Naga, Philippines,

It appears that a separate case for homicide, docketed as3

1 Per Judge Carmen G. San Vicente.

438 SUPREME COURT REPORTS ANNOTATED

The facts as shown by the evidence of the prosecution

conducting an inspection of traffic policemen. While

4 TSN, October 7, 1990, pp. 2324.

VOL. 317, OCTOBER 26, 1999 439

The injured person was brought inside for treatment. As

440 SUPREME COURT REPORTS ANNOTATED

16 TSN, October 17, 1991, p. 20.

VOL. 317, OCTOBER 26, 1999 441

442 SUPREME COURT REPORTS ANNOTATED

grappling for the gun. He testified that during the struggle,

WHEREFORE, for all the foregoing, the Court finds accused

Hence, this appeal where accusedappellant raises the sole

27 TSN, August 26, 1992, p. 4.

VOL. 317, OCTOBER 26, 1999 443

In the case at bench, the first element is beyond dispute as

Q: What did you actually do when the car stopped?

A: Being aware that the driver was then armed, I was

444 SUPREME COURT REPORTS ANNOTATED

As to the second element, accusedappellant contends

32 TSN, October 17, 1991, pp. 810.

VOL. 317, OCTOBER 26, 1999 445

dro Bonet, Cpl. Jose Manzanero, and Maj. Jose Tuazon,

446 SUPREME COURT REPORTS ANNOTATED

Accusedappellant contends that the trial court erred in

argues, the certification should have been excluded for

Rule 130, Section 44. Entries in official records.Entries in

Relative to this provision, Rule 132, Section 28 of the same

Rule 132, Sec. 28. Proof of lack of record.A written statement

In the case at bench, the Certification issued by the

VOL. 317, OCTOBER 26, 1999 447

that accusedappellant is not a licensed holder or possessor

it ought to be as satisfactory an evidence of its non

34 3 Wigmore on Evidence, cited in People vs. Quebral, 68 Phil. 567.

448 SUPREME COURT REPORTS ANNOTATED

Accusedappellant was convicted of illegal possession of

Sec. 1. Unlawful Manufacture, Sale, Acquisition, Disposition or

Ammunition.The penalty of reclusion temporal in its maximum

Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition

35 259 SCRA 191.

VOL. 317, OCTOBER 26, 1999 449

The penalty of prision mayor in its maximum period and a fine of

burst of two or three: Provided, however, That no other crime was

In view of these amendments introduced by R.A. 8294, this 36

Fortunately for appellants, however, RA 8294 has now amended