People vs.

Pimentel
FACTS:
In 1983, Tujan charged with subversions under RA 1700 with warrant of arrest issued. On
June 5, 1990, Tujan was arrested and caught with .38 caliber revolver. On June 14, 1990, he was
charged with illegal possession of firearms and ammunition in furtherance of subversion (PD 1866) Tujan
filed motion to quash invoking protection versus double jeopardy alleging that the charge of illegal
possession of firearms has been absorbed in subversion. It was granted by the trial court and the court of
appeals.
ISSUE:
Whether or not charge under PD 1866 be quashed on ground of double jeopardy in view
of the previous charge under RA 1700.

DECISION:
No. Decision of Regional Trial Court and the Court of Appeals are REVERSED and SET
ASIDE. Subversion charge against the accused Tujan is DISMISSED. PD 1866 change amended. The
Supreme Court ordered the IMMEDIATE RELEASE of Tujan.

RATIO:
1. Article III of the Constitution and Rule 117 Revised Rules of Court state that for double jeopardy to
occur, acquittal, conviction or dismissal in previous cases must have occurred. In this case, first case was
not even arraigned yet.
2. They are different offenses. R.A. 1700 punishes subversion while PD 1866 punishes illegal possession
of firearms.
However, since RA 7636 totally repealed subversion or RA 1700, and since this is favorable to the
accused, we can no longer charge accused with RA 1700 even if they didnt raise this issue. PD 1866
should be amended to mere illegal possession of firearms without furtherance of subversion