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    Republic Act No. 8294 should be applied retroactively to cases involving illegal possession of firearms. If an unlicensed firearm was used in committing any crime, there can be no separate offense of simple illegal possession. The petitioner was found guilty of violating a COMELEC gun ban resolution and illegally possessing a firearm. The court dismissed the illegal possession charge due to RA 8294, but upheld the COMELEC violation conviction and ordered the petitioner's release since he had served over the imposed penalty.

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    Republic Act No. 8294 should be applied retroactively to cases involving illegal possession of firearms. If an unlicensed firearm was used in committing any crime, there can be no separate offense of simple illegal possession. The petitioner was found guilty of violating a COMELEC gun ban resolution and illegally possessing a firearm. The court dismissed the illegal possession charge due to RA 8294, but upheld the COMELEC violation conviction and ordered the petitioner's release since he had served over the imposed penalty.

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    88 views1 page

    1 Agote vs. Lorenzo

    Uploaded by

    A M I R A
    Republic Act No. 8294 should be applied retroactively to cases involving illegal possession of firearms. If an unlicensed firearm was used in committing any crime, there can be no separate offense of simple illegal possession. The petitioner was found guilty of violating a COMELEC gun ban resolution and illegally possessing a firearm. The court dismissed the illegal possession charge due to RA 8294, but upheld the COMELEC violation conviction and ordered the petitioner's release since he had served over the imposed penalty.

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    of 1

    Disposition of Firearms, Ammunitions or Explosives 1) Whether or not Republic Act No.

    8294 should be applied


    (P.D. 1866, as amended by RA8294) retroactively.
    HELD:
    VICENTE AGOTE Y MATOL, petitioner, vs. HON. MANUEL F.
    LORENZO, Presiding Judge, RTC, Branch 43, Manila and PEOPLE Yes.
    OF THE PHILIPPINES, respondents.
    Although it was stated under Section 2 of Rule 45 of the
    [G.R. No. 142675. July 22, 2005] Rules of Court that the time of filing of petition in the
    appellate court should be within 15 days only, the Court has
    FACTS:
    the power to suspend procedural rules in the exercise of its
    Petitioner Vicente Agote was charged to have violated inherent power. Procedural rules may be relaxed or
    Presidential Decree No. 1866 (Illegal Possession of Firearms) suspended in the interest of substantial justice.
    and COMELEC Resolution No. 2826 (Gun Ban) for having in
    possession one (1) .38 cal. Rev. with four (4) live bullets in a public In view of the enactment of RA No. 8294, if an unlicensed
    place during the election period without having secured the firearm is used in the commission of any crime, for this
    necessary license and authority from the COMELEC. instance a violation of COMELEC Resolution No. 2826 on
    gun ban, there can be no separate offense of simple illegal
    During the pendency of the case, Republic Act No. 8294 was
    possession of firearms.
    approved into law. Eventually, the trial court rendered judgment of
    conviction in both cases wherein separate penalties were imposed
    Hence, Criminal Case No. 96-149820 for illegal possession
    respectively. For the crime of illegal possession of firearms in Crim.
    of firearms was hereby DISMISSED while the judgment of
    Case No. 96-149820, he was sentenced to suffer a prison term
    conviction in Criminal Case No. 96-149821 for violation of
    ranging from ten (10) years and one (1) day of prision mayor, as
    COMELEC Resolution No. 2826 in relation to Rep. Act No.
    minimum, to (18) eighteen years, eight (8) months and one (1) day of
    7166 (Gun Ban), was AFFIRMED. Since Agote had already
    reclusion temporal, as maximum, in accordance with P.D. No. 1866,
    served more than the penalty imposed upon him by the trial
    and to a prison term of one (1) year in Crim. Case No. 96-149821
    court in Criminal Case No. 96-149821, his immediate release
    (violation of the COMELEC Resolution on gun ban).
    from custody was hereby ORDERED unless detained for
    Petitioner moved for reconsideration, claiming that the some other lawful cause.
    penalty for illegal possession of firearms under P.D. No. 1866 had
    already been reduced by the subsequent enactment of Republic Act
    No. 8294, which the trial court subsequently denied. He then filed a
    petition before the Court of Appeals which was docketed as CA-G.R.
    SP No. 2991-UDK, but was likewise dismissed.
    ISSUE:

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