Case Summary (G.R. No. 112090)
Factual Background
The case originates from an incident that occurred on May 5, 1991, in Naga City, where the accused was charged with illegal possession of firearms under Presidential Decree No. 1866. The information alleged that Lazaro possessed a .38 caliber revolver without the necessary license, and that the firearm had been used in a shooting incident that resulted in one death and one serious injury. In a separate but related matter, a homicide charge was filed against Lazaro.
Proceedings and Evidence
During the trial, the prosecution presented testimony from four witnesses who described the events leading up to the discovery of the firearm. On the incident date, Police Sergeant Bonnet and Major Tuazon were informed about a shooting. Upon arriving at the Bicol Regional Hospital, they commandeered the man responsible for driving a vehicle associated with the incident. They found a handgun tucked in the driver's waist, which was subsequently dropped into the vehicle.
The accused provided a defense narrative where he claimed he had been engaging in a struggle over the weapon with another individual, Ricardo Ronquillo, during which shots were fired, leading to his nephew being injured. Lazaro asserted that he did not recall the specifics of the gun's possession or its use.
Court Findings
In its decision dated March 1, 1993, the trial court found Lazaro guilty beyond a reasonable doubt of illegal possession of firearms. The court noted that the prosecution had successfully established (1) the existence of the firearm and (2) the absence of a license to possess it. Notably, a certification from the Firearms and Explosives Office indicated that Lazaro had no license for the firearm, and this certification was admitted as evidence despite the accused’s objection that the signatory was not present for cross-examination.
Legal Analysis of Evidence
The trial court acknowledged the defense arguments but found that Lazaro's possession of the firearm met the statutory criteria for illegal possession. The second element—absence of a license—was substantiated by procedural exceptions to the hearsay rule as the certification constituted an official public record.
Appellate Contentions
Lazaro appealed the conviction, arguing that the trial court erred in finding him guilty due to insufficient evidence regarding the homicide that occurred in conjunction with the illegal possession charge. He posited that being charged separately for homicide and illegal possession violated principles of double jeopardy.
Enactments and Legislative Changes
The discussion also touched upon the implications of the enactment of Republic Act No. 8294, which amended
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Case Overview
- The case involves an appeal from the decision dated March 1, 1993, of the Regional Trial Court of Naga City, Branch 24.
- Accused-appellant Apolinar Lazaro y Servania was found guilty of illegal possession of firearms and ammunition under Section 1 of Presidential Decree No. 1866.
- He was sentenced to reclusion perpetua and ordered to pay the costs.
Charges and Facts
- The information filed on May 6, 1991, alleged that on May 5, 1991, in Naga City, the accused unlawfully possessed a .38 caliber revolver without the necessary license or permit.
- The firearm was linked to a shooting incident resulting in one death and another person seriously injured.
Procedural History
- A separate homicide case (Criminal Case No. 91-3487) was filed against the same accused, but it was tried separately.
- Upon arraignment in the illegal possession case, the accused-appellant pleaded not guilty, leading to a trial on the merits.
Prosecution's Evidence
- The prosecution presented four witnesses: Pfc. Edilberto Puncia, Sgt. Alejandro Bonnet, Cpl. Jose Manzanero, and Major Jose A. Tuazon.
- Evidence revealed that on May 5, 1991, Police Sergeant Bonnet, while conducting a patrol, was alerted to a shooting incident involving a bloodied individual.
- Major Tuazon and his team responded to the scene and discovered the accused-appellant, who was the driver of a vehicle, armed with a handgun.
Discovery of the Firearm
- Upon arrival at Bicol Regional Hospital, Major Tuazon ordered the accused-appellant to exit the vehicle and discovered the handgun tucked in h