REPUBLIC ACT No.
10591 (FEO) of the PNP to engage in the business of
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON
FIREARMS AND AMMUNITION AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
ARTICLE I business of importing ammunition and firearms,
TITLE, DECLARATION OF POLICY AND DEFINITION OF
TERMS
Section 1. Short Title. – This Act shall be known as the
"Comprehensive Firearms and Ammunition Regulation
Act".
Section 2. Declaration of State Policy. – It is the policy of
the State to maintain peace and order and protect the
people against violence. The State also recognizes the right
of its qualified citizens to self-defense through, when it is
the reasonable means to repel the unlawful aggression
under the circumstances, the use of firearms. Towards this
end, the State shall provide for a comprehensive law
regulating the ownership, possession, carrying,
manufacture, dealing in and importation of firearms,
ammunition, or parts thereof, in order to provide legal
support to law enforcement agencies in their campaign
against crime, stop the proliferation of illegal firearms or
weapons and the illegal manufacture of firearms or
weapons, ammunition and parts thereof.
Section 3. Definition of Terms. – As used in this Act:
(a) Accessories refer to parts of a firearm which
may enhance or increase the operational
efficiency or accuracy of a firearm but will not
constitute any of the major or minor internal parts
thereof such as, hut not limited to, laser scope,
telescopic sight and sound suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit
consisting of a bullet, gunpowder, cartridge case
and primer or loaded shell for use in any firearm.
(c) Antique firearm refers to any: (1) firearm
which was manufactured at least seventy-five (75)
years prior to the current date but not including
replicas; (2) firearm which is certified by the
National Museum of the Philippines to be curio or
relic of museum interest; and (3) any other
firearm which derives a substantial part of its
monetary value from the fact that it is novel, rare,
bizarre or because of its association with some
historical figure, period or event.
(d) Arms smuggling refers to the import, export,
acquisition, sale, delivery, movement or transfer
of firearms, their parts and components and
ammunition, from or across the territory of one
country to that of another country which has not
been authorized in accordance with domestic law
in either or both country/countries.
(e) Authority to import refers to a document
issued by the Chief of the Philippine National
Police (PNP) authorizing the importation of
firearms, or their parts, ammunition and other
components.
(f) Authorized dealer refers to any person, legal
entity, corporation, partnership or business entity
duly licensed by the Firearms and Explosive Office
buying and selling ammunition, firearms or parte
thereof, at wholesale or retail basis.
(g) Authorized importer  refers to any person, legal
entity, corporation, partnership or business duly
licensed by the FEO of the PNP to engage in the
or parts thereof into the territory of the Republic
of the Philippines for purposes of sale or
distribution under the provisions of this Act.
(h) Authorized manufacturer refers to any person,
legal entity, corporation, or partnership duly
licensed by the FEO of the PNP to engage in the
business of manufacturing firearms, and
ammunition or parts thereof for purposes of sale
or distribution.1âwphi1
(i) Confiscated firearm refers to a firearm that is
taken into custody by the PNP, National Bureau of
Investigation (NBI), Philippine Drug Enforcement
Agency (PDEA), and all other law enforcement
agencies by reason of their mandate and must be
necessarily reported or turned over to the PEO of
the PNP.
(j) Demilitarized firearm refers to a firearm
deliberately made incapable of performing its
main purpose of firing a projectile.
(k) Duty detail order refers to a document issued
by the juridical entity or employer wherein the
details of the disposition of firearm is spelled-out,
thus indicating the name of the employee, the
firearm information, the specific duration and
location of posting or assignment and the
authorized bonded firearm custodian for the
juridical entity to whom such firearm is turned
over after the lapse of the order.
(l) Firearm refers to any handheld or portable
weapon, whether a small arm or light weapon,
that expels or is designed to expel a bullet, shot,
slug, missile or any projectile, which is discharged
by means of expansive force of gases from burning
gunpowder or other form of combustion or any
similar instrument or implement. For purposes of
this Act, the barrel, frame or receiver is considered
a firearm.
(m) Firearms Information Management System
(FIMS) refers to the compilation of all data and
information on firearms ownership and
disposition for record purposes.
(n) Forfeited firearm  refers to a firearm that is
subject to forfeiture by reason of court order as
accessory penalty or for the disposition by the
FEO of the PNP of firearms considered as
abandoned, surrendered, confiscated or revoked
in compliance with existing rules and regulations.
(o) Gun club refers to an organization duly
registered with and accredited in good standing
by the FEO of the PNP which is established for the
purpose of propagating responsible and safe gun
ownership, proper appreciation and use of
firearms by its members, for the purpose of sports
and shooting competition, self-defense and
collection purposes.
(p) Gunsmith refers to any person, legal entity,
corporation, partnership or business duly licensed
by the FEO of the PNP to engage in the business of
repairing firearms and other weapons or
constructing or assembling firearms and weapons
from finished or manufactured parts thereof on a
per order basis and not in commercial quantities
or of making minor parts for the purpose of
repairing or assembling said firearms or weapons.
(q) Imitation firearm refers to a replica of a
firearm, or other device that is so substantially
similar in coloration and overall appearance to an
existing firearm as to lead a reasonable person to
believe that such imitation firearm is a real
firearm.
(r) Licensed citizen refers to any Filipino who
complies with the qualifications set forth in this
Act and duly issued with a license to possess or to
carry firearms outside of the residence in
accordance with this Act.
(s) Licensed, juridical entity refers to corporations,
organizations, businesses including security
agencies and local government units (LGUs) which
are licensed to own and possess firearms in
accordance with this Act.
(t) Light weapons are: Class-A Light weapons
which refer to self-loading pistols, rifles and
carbines, submachine guns, assault rifles and light
machine guns not exceeding caliber 7.62MM
which have fully automatic mode; and Class-B
Light weapons which refer to weapons designed
for use by two (2) or more persons serving as a
crew, or rifles and machine guns exceeding caliber
7.62MM such as heavy machine guns, handheld
underbarrel and mounted grenade launchers,
portable anti-aircraft guns, portable anti-tank
guns, recoilless rifles, portable launchers of anti-
tank missile and rocket systems, portable
launchers of anti-aircraft missile systems, and
mortars of a caliber of less than 100MM.
(u) Long certificate of registration refers to
licenses issued to government agencies or offices
or government-owned or -controlled corporations
for firearms to be used by their officials and
employees who are qualified to possess firearms
as provider in this Act, excluding security guards.
(v) Loose firearm refers to an unregistered
firearm, an obliterated or altered firearm, firearm
which has been lost or stolen, illegally
manufactured firearms, registered firearms in the
possession of an individual other than the licensee
and those with revoked licenses in accordance
with the rules and regulations.
(w) Major part or components of a firearm refers
to the barrel, slide, frame, receiver, cylinder or the
bolt assembly. The term also includes any part or
kit designed and intended for use in converting a
semi-automatic burst to a full automatic firearm.
(x) Minor parts of a firearm refers to the parts of
the firearm other than the major parts which are
necessary to effect and complete the action of
expelling a projectile by way of combustion,
except those classified as accessories.
(y) Permit to carry firearm outside of
residence refers to a written authority issued to a
licensed citizen by the Chief of the PNP which
entitles such person to carry his/her registered or
lawfully issued firearm outside of the residence
for the duration and purpose specified in the
authority.
(z) Permit to transport firearm refers to a written
authority issued to a licensed citizen or entity by
the Chief of the PNP or by a PNP Regional Director
which entitles such person or entity to transport a
particular firearm from and to a specific location
within the duration and purpose in the authority.
(aa) Residence refers to the place or places of
abode of the licensed citizen as indicated in
his/her license.
(bb) Shooting range refers to a facility established
for the purpose of firearms training and skills
development, firearm testing, as well as for sports
and competition shooting either for the exclusive
use of its members or open to the general public,
duly registered with and accredited in good
standing by the FEO of the PNP.
(cc) Short certificate of registration refers to a
certificate issued by the FEO of the PNP for a
government official or employee who was issued
by his/her employer department, agency or
government-owned or -controlled corporation a
firearm covered by the long certificate of
registration.
(dd) Small arms refer to firearms intended to be
or primarily designed for individual use or that
which is generally considered to mean a weapon
intended to be fired from the hand or shoulder,
which are not capable of fully automatic bursts of
discharge, such as:
(1) Handgun which is a firearm intended
to be fired from the hand, which includes:
(i) A pistol which is a hand-
operated firearm having a
chamber integral with or
permanently aligned with the
bore which may be self-loading;
and
(ii) Revolver which is a hand-
operated firearm with a
revolving cylinder containing
chambers for individual
cartridges.
(2) Rifle which is a shoulder firearm or
designed to be fired from the shoulder
that can discharge a bullet through a
rifled barrel by different actions of
loading, which may be classified as lever,
bolt, or self-loading; and
 (3) Shotgun which is a weapon designed,
made and intended to fire a number of
ball shots or a single projectile through a
smooth bore by the action or energy from
burning gunpowder.
(ee) Sports shooting competition  refers to a
defensive, precision or practical sport shooting
competition duly authorized by the FEO of the
PNP.
(ff) Tampered, obliterated or altered firearm refers
to any firearm whose serial number or other
identification or ballistics characteristics have
been intentionally tampered with, obliterated or
altered without authority or in order to conceal its
source, identity or ownership.
(gg) Thermal weapon sight refers to a battery
operated, uncooled thermal imaging device which
amplifies available thermal signatures so that the
viewed scene becomes clear to the operator which
is used to locate and engage targets during
daylight and from low light to total darkness and
operates in adverse conditions such as light rain,
light snow, and dry smoke or in conjunction with
other optical and red dot sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
Section 4. Standards and Requisites for Issuance of and
Obtaining a License to Own and Possess Firearms. – In order
to qualify and acquire a license to own and possess a
firearm or firearms and ammunition, the applicant must be
a Filipino citizen, at least twenty-one (21) years old and
has gainful work, occupation or business or has filed an
Income Tax Return (ITR) for the preceding year as proof of
income, profession, business or occupation.
In addition, the applicant shall submit the following
certification issued by appropriate authorities attesting the
following:
(a) The applicant has not been convicted of any
crime involving moral turpitude;
(b) The applicant has passed the psychiatric test
administered by a PNP-accredited psychologist or
psychiatrist;
(c) The applicant has passed the drug test
conducted by an accredited and authorized drug
testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar
which is administered by the PNP or a registered
and authorized gun club;
(e) The applicant has filed in writing the
application to possess a registered firearm which
shall state the personal circumstances of the
applicant;
(f) The applicant must present a police clearance
from the city or municipality police office; and
(g) The applicant has not been convicted or is
currently an accused in a pending criminal case
before any court of law for a crime that is
punishable with a penalty of more than two (2)
years.
For purposes of this Act, an acquittal or permanent
dismissal of a criminal case before the courts of law shall
qualify the accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as
may be provided in the implementing rules and
regulations of this Act.
An applicant who intends to possess a firearm owned by a
juridical entity shall submit his/her duty detail order to
the FEO of the PNP.
Section 5. Ownership of Firearms and Ammunition by a
Juridical Entity. – A juridical person maintaining its own
security force may be issued a regular license to own and
possess firearms and ammunition under the following
conditions:
(a) It must be Filipino-owned and duly registered
with the Securities and Exchange Commission
(SEC);
(b) It is current, operational and a continuing
concern;
(c) It has completed and submitted all its
reportorial requirements to the SEC; and
(d) It has paid all its income taxes for the year, as
duly certified by the Bureau of Internal Revenue.
The application shall be made in the name of the juridical
person represented by its President or any of its officers
mentioned below as duly authorized in a board resolution
to that effect: Provided, That the officer applying for the
juridical entity, shall possess all the qualifications required
of a citizen applying for a license to possess firearms.
Other corporate officers eligible to represent the juridical
person are: the vice president, treasurer, and board
secretary.
Security agencies and LGUs shall be included in this
category of licensed holders but shall be subject to
additional requirements as may be required by the Chief of
the PNP.
Section 6. Ownership of Firearms by the National
Government. – All firearms owned by the National
Government shall be registered with the FEO of the PNP in
the name of the Republic of the Philippines. Such
registration shall be exempt from all duties and taxes that
may otherwise be levied on other authorized owners of
firearms. For reason of national security, firearms of the
Armed Forces of the Philippines (AFP), Coast Guard and
other law enforcement agencies shall only be reported to
the FEO of the PNP.
Section 7. Carrying of Firearms Outside of Residence or
Place of Business. – A permit to carry firearms outside of
residence shall be issued by the Chief of the PNP or his/her
duly authorized representative to any qualified person
whose life is under actual threat or his/her life is in
imminent danger due to the nature of his/her profession,
occupation or business.
It shall be the burden of the applicant to prove that his/her
life is under actual threat by submitting a threat
assessment certificate from the PNP.
For purposes of this Act, the following professionals are
considered to be in imminent danger due to the nature of
their profession, occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
 (c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their
business or undertaking, are exposed to high risk
of being targets of criminal elements.
ARTICLE III
REGISTRATION AND LICENSING
Section 8. Authority to Issue License. – The Chief of the
PNP, through the FEO of the PNP, shall issue licenses to
qualified individuals and to cause the registration of
firearms.
Section 9. Licenses Issued to Individuals. – Subject to the
requirements set forth in this Act and payment of required
fees to be determined by the Chief of the PNP, a qualified
individual may be issued the appropriate license under the
following categories;
Type 1 license – allows a citizen to own and
possess a maximum of two (2) registered
firearms;
Type 2 license – allows a citizen to own and
possess a maximum of five (5) registered
firearms;
Type 3 license – allows a citizen to own and
possess a maximum of ten (10) registered
firearms;
Type 4 license – allows a citizen to own and
possess a maximum of fifteen (15) registered
firearms; and
Type 5 license – allows a citizen, who is a certified
gun collector, to own and possess more than
fifteen (15) registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by
lock and key or other security measures for the
safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the
inspection and bond requirements.
Section 10. Firearms That May Be Registered. – Only small
arms may be registered by licensed citizens or licensed
juridical entities for ownership, possession and concealed
carry. A light weapon shall be lawfully acquired or
possessed exclusively by the AFP, the PNP and other law
enforcement agencies authorized by the President in the
performance of their duties: Provided,  That private
individuals who already have licenses to possess Class-A
light weapons upon the effectivity of this Act shall not be
deprived of the privilege to continue possessing the same
and renewing the licenses therefor, for the sole reason that
these firearms are Class "A" light weapons, and shall be
required to comply with other applicable provisions of this
Act.
Section 11. Registration of Firearms. – The licensed citizen
or licensed juridical entity shall register his/her/its
firearms so purchased with the FEO of the PNP in
accordance with the type of license such licensed citizen or
licensed juridical entity possesses. A certificate of
registration of the firearm shall be issued upon payment of
reasonable fees.
For purposes of this Act, registration refers to the
application, approval, record-keeping and monitoring of
firearms with the FEO of the PNP in accordance with the
type of license issued to any person under Section 9 of this
Act.
Section 12. License to Possess Ammunition Necessarily
Included. – The licenses granted to qualified citizens or
juridical entities as provided in Section 9 of this Act shall
include the license to possess ammunition with a
maximum of fifty (50) rounds for each registered
firearm: Provided; That the FEO of the PNP may allow
more ammunition to be possessed by licensed sports
shooters.
Section 13. Issuance of License to Manufacture or Deal In
Firearms and Ammunition. – Any person desiring to
manufacture or deal in firearms, parts of firearms or
ammunition thereof, or instruments and implements used
or intended to be used in the manufacture of firearms,
parts of firearms or ammunition, shall make an application
to:
(a) The Secretary of the Department of the
Interior and Local Government (DILG) in the case
of an application for a license to manufacture; and
(b) The Chief of the PNP in the case of a license to
deal in firearms and firearms parts, ammunition
and gun repair.
The applicant shall state the amount of capitalization for
manufacture or cost of the purchase and sale of said
articles intended to be transacted by such applicant; and
the types of firms, ammunition or implements which the
applicant intends to manufacture or purchase and sell
under the license applied for; and such additional
information as may be especially requested by the
Secretary of the DILG or the Chief of the PNP.
The Secretary of the DILG or the Chief of the PNP may
approve or disapprove such application based on the
prescribed guidelines. In the case of approval, the
Secretary of the DILG or the Chief of the PNP shall indicate
the amount of the bond to be executed by the applicant
before the issuance of the license and the period of time by
which said license shall be effective, unless sooner revoked
by their authority.
Upon approval of the license to manufacture or otherwise
deal in firearms by the Secretary of the DILG or the Chief of
the PNP as the case may be, the same shall be transmitted
to the FEO of the PNP which shall issue the license in
accordance with the approved terms and conditions, upon
the execution and delivery by the applicant of the required
bond conditioned upon the faithful compliance on the part
of the licensee to the laws and regulations relative to the
business licensed.
Section 14. Scope of License to Manufacture Firearms and
Ammunition. – The scope of the License to Manufacture
firearms and ammunition shall also include the following:
(a) The authority to manufacture and assemble
firearms, ammunition, spare parts and
accessories, ammunition components, and
reloading of ammunitions, within sites, areas, and
factories stated therein. The Secretary of the DILG
shall approve such license;
 (b) The license to deal in or sell all the items
covered by the License to Manufacture, such as
parts, firearms or ammunition and components;
(c) The authority to subcontract the
manufacturing of parts and accessories necessary
for the firearms which the manufacturer is
licensed to manufacture: Provided,  That the
subcontractor of major parts or major
components is also licensed to manufacture
firearms and ammunition; and
(d) The authority to import machinery,
equipment, and firearm parts and ammunition
components for the manufacture thereof. Firearm
parts and ammunition components to be imported
shall, however, be limited to those authorized to
be manufactured as reflected in the approved
License to Manufacture. The Import Permit shall
be under the administration of the PNP.
A licensed manufacturer of ammunition is also entitled to
import various reference firearms needed to test the
ammunition manufactured under the License to
Manufacture. A licensed manufacturer of firearms, on the
other hand, is entitled to import various firearms for
reference, test and evaluation for manufacture of similar,
types of firearms covered by the License to Manufacture.
An export permit shall, however, be necessary to export
manufactured parts or finished products of firearms and
ammunition. The Export Permit of firearms and
ammunition shall be under the administration of the PNP.
Section 15. Registration of Locally Manufactured and
Imported Firearms. – Local manufacturers and importers of
firearms and major parts thereof shall register the same as
follows:
(a) For locally manufactured firearms and major
parts thereof, the initial registration shall be done
at the manufacturing facility: Provided, That
firearms intended for export shall no longer be
subjected to ballistic identification procedures;
and
(b) For imported firearms and major parts
thereof, the registration shall be done upon arrival
at the FEO of the PNP storage facility.
Section 16. License and Scope of License to Deal. – The
License to Deal authorizes the purchase, sale and general
business in handling firearms and ammunition, major and
minor parts of firearms, accessories, spare parts,
components, and reloading machines, which shall be
issued by the Chief of the PNP.
Section 17. License and Scope of License for Gunsmiths. –
The license for gunsmiths shall allow the grantee to repair
registered firearms. The license shall include
customization of firearms from finished or manufactured
parts thereof on per order basis and not in commercial
quantities and making the minor parts thereof, i.e. pins,
triggers, trigger bows, sights and the like only for the
purpose of repairing the registered firearm. The license for
gunsmiths shall be issued by the Chief of the PNP.
Section 18. Firearms for Use in Sports and
Competitions. – A qualified individual shall apply for a
permit to transport his/her registered firearm/s from
his/her residence to the firing range/s and competition
sites as may be warranted.
Section 19. Renewal of Licenses and Registration. – All
types of licenses to possess a firearm shall be renewed
every two (2) years. Failure to renew the license on or
before the date of its expiration shall cause the revocation
of the license and of the registration of the firearm/s under
said licensee.
The registration of the firearm shall be renewed every four
(4) years. Failure to renew the registration of the firearm
on or before the date of expiration shall cause the
revocation of the license of the firearm. The said firearm
shall be confiscated or forfeited in favor of the government
after due process.
The failure to renew a license or registration within the
periods stated above on two (2) occasions shall cause the
holder of the firearm to be perpetually disqualified from
applying for any firearm license. The application for the
renewal of the license or registration may be submitted to
the FEO of the PNP, within six (6) months before the date
of the expiration of such license or registration.
Section 20. Inspection and Inventory. – The Chief of the
PNP or his/her authorized representative shall require the
submission of reports, inspect or examine the inventory
and records of a licensed manufacturer, dealer or importer
of firearms and ammunition during reasonable hours.
ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,
DEMILITARIZED AND ANTIQUE FIREARMS
Section 21. Acquisition or Purchase and Sale of Firearms
and Ammunition. – Firearms and ammunition may only be
acquired or purchased from authorized dealers, importers
or local manufacturers and may be transferred or sold only
from a licensed citizen or licensed juridical entity to
another licensed citizen or licensed juridical
entity: Provided, That, during election periods, the sale and
registration of firearms and ammunition and the issuance
of the corresponding licenses to citizens shall be allowed
on the condition that the transport or delivery thereof
shall strictly comply with the issuances, resolutions, rules
and regulations promulgated by the Commission on
Elections.
Section 22. Deposit of Firearms by Persons Arriving From
Abroad. – A person arriving in the Philippines who is
legally in possession of any firearm or ammunition in
his/her country of origin and who has declared the
existence of the firearm upon embarkation and
disembarkation but whose firearm is not registered in the
Philippines in accordance with this Act shall deposit the
same upon written receipt with the Collector of Customs
for delivery to the FEO of the PNP for safekeeping, or for
the issuance of a permit to transport if the person is a
competitor in a sports shooting competition. If the
importation of the same is allowed and the party in
question desires to obtain a domestic firearm license, the
same should be undertaken in accordance with the
provisions of this Act. If no license is desired or leave to
import is not granted, the firearm or ammunition in
question shall remain in the custody of the FEO of the PNP
until otherwise disposed of in-accordance with law.
Section 23. Return of Firearms to Owner upon Departure
from the Philippines. – Upon the departure from the
Philippines of any person whose firearm or ammunition is
in the custody of the FEO of the PNP, the same shall, upon
timely request, be delivered to the person through the
Collector of Customs. In the case of a participant in a local
sports shooting competition, the firearm must be
presented to the Collector of Customs before the same is
allowed to be loaded on board the carrier on which the
person is to board.
Section 24. Safekeeping of Firearms and Ammunition. –
Any licensee may deposit a registered firearm to the FEO
of the PNP, or any Police Regional Office for safekeeping.
Reasonable fees for storage shall be imposed.
Section 25. Abandoned Firearms and Ammunition. – Any
firearm or ammunition deposited in the custody of the FEO
of the PNP pursuant to the provisions of this Act, shall be
deemed to have been abandoned by the owner or his/her
authorized representative if he/she failed to reclaim the
same within five (5) years or failed to advise the FEO of the
PNP of the disposition to be made thereof. Thereafter, the
FEO of the PNP may dispose of the same after compliance
with established procedures.
Section 26. Death or Disability of Licensee. – Upon the
death or legal disability of the holder of a firearm license, it
shall be the duty of his/her next of kin, nearest relative,
legal representative, or other person who shall knowingly
come into possession of such firearm or ammunition, to
deliver the same to the FEO of the PNP or Police Regional
Office, and such firearm or ammunition shall be retained
by the police custodian pending the issuance of a license
and its registration in accordance, with this Act. The failure
to deliver the firearm or ammunition within six (6) months
after the death or legal disability of the licensee shall
render the possessor liable for illegal possession of the
firearm.
Section 27. Antique Firearm. – Any person who possesses
an antique firearm shall register the same and secure a
collector’s license from the FEO of the PNP. Proper storage
of antique firearm shall be strictly imposed.
Noncompliance of this provision shall be considered as
illegal possession of the firearm as penalized in this Act.
ARTICLE V period shall be imposed upon any person who
PENAL PROVISIONS
Section 28. Unlawful Acquisition, or Possession of Firearms
and Ammunition. – The unlawful acquisition, possession of
firearms and ammunition shall be penalized as follows:
(a) The penalty of prision mayor in its medium
period shall be imposed upon any person who
shall unlawfully acquire or possess a small arm;
(b) The penalty of reclusion temporal  to reclusion
perpetua shall be imposed if three (3) or more
small arms or Class-A light weapons are
unlawfully acquired or possessed by any person;
(c) The penalty of prision mayor  in its maximum
period shall be imposed upon any person who
shall unlawfully acquire or possess a Class-A light
weapon;
(d) The penalty of reclusion perpetua shall be
imposed upon any person who shall, unlawfully
acquire or possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that
provided in paragraphs (a) to (c) in this section
shall be imposed upon any person who shall
unlawfully possess any firearm under any or
combination of the following conditions:
(1) Loaded with ammunition or inserted
with a loaded magazine;
(2) Fitted or mounted with laser or any
gadget used to guide the shooter to hit the
target such as thermal weapon sight
(TWS) and the like;
(3) Fitted or mounted with sniper scopes,
firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel;
and
(5) Converted to be capable of firing full
automatic bursts.
(f) The penalty of prision mayor in its minimum
period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of
a small arm;
(g) The penalty of prision mayor in its minimum
period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition
for a small arm or Class-A light weapon. If the
violation of this paragraph is committed by the
same person charged with the unlawful
acquisition or possession of a small arm, the
former violation shall be absorbed by the latter;
(h) The penalty of prision mayor in its medium
period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of
a Class-A light weapon;
(i) The penalty of prision mayor in its medium
period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition
for a Class-A light weapon. If the violation of this
paragraph is committed by the same person
charged with the unlawful acquisition or
possession of a Class-A light weapon, the former
violation shall be absorbed by the latter;
(j) The penalty of prision mayor in its maximum
shall unlawfully acquire or possess a major part of
a Class-B light weapon; and
(k) The penalty of prision mayor in its maximum
period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition
for a Class-B light weapon. If the violation of this
paragraph is committed by the same person
charged with the unlawful acquisition or
possession of a Class-B light weapon, the former
violation shall be absorbed by the latter.
Section 29. Use of Loose Firearm in the Commission of a
Crime. – The use of a loose firearm, when inherent in the
commission of a crime punishable under the Revised Penal
Code or other special laws, shall be considered as an
aggravating circumstance: Provided, That if the crime
committed with the use of a loose firearm is penalized by
the law with a maximum penalty which is lower than that
prescribed in the preceding section for illegal possession
of firearm, the penalty for illegal possession of firearm
shall be imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed
with the use of a loose firearm is penalized by the law with
a maximum penalty which is equal to that imposed under
the preceding section for illegal possession of firearms, the
penalty of prision mayor  in its minimum period shall be
imposed in addition to the penalty for the crime
punishable under the Revised Penal Code or other special
laws of which he/she is found guilty.
If the violation of this Act is in furtherance of, or incident
to, or in connection with the crime of rebellion of
insurrection, or attempted coup d’ etat, such violation shall
be absorbed as an element of the crime of rebellion or
insurrection, or attempted coup d’ etat.
If the crime is committed by the person without using the
loose firearm, the violation of this Act shall be considered
as a distinct and separate offense.
Section 30. Liability of Juridical Person. – The penalty
of prision mayor in its minimum to prision mayor in its
medium period shall be imposed upon the owner,
president, manager, director or other responsible officer
of/any public or private firm, company, corporation or
entity who shall willfully or knowingly allow any of the
firearms owned by such firm, company, corporation or
entity to be used by any person or persons found guilty of
violating the provisions of the preceding section, or
willfully or knowingly allow any of them to use
unregistered firearm or firearms without any legal
authority to be carried outside of their residence in the
course of their employment.
Section 31. Absence of Permit to Carry Outside of
Residence. – The penalty of prision correccional and a fine
of Ten thousand pesos (P10,000.00) shall be imposed
upon any person who is licensed to own a firearm but who
shall carry the registered firearm outside his/her
residence without any legal authority therefor.
Section 32. Unlawful Manufacture, Importation, Sale or
Disposition of Firearms or Ammunition or Parts Thereof,
Machinery, Tool or Instrument Used or Intended to be Used
in the Manufacture of Firearms, Ammunition or Parts
Thereof. – The penalty of reclusion temporal to reclusion
perpetua shall be imposed upon any person who shall
unlawfully engage in the manufacture, importation, sale or
disposition of a firearm or ammunition, or a major part of a
firearm or ammunition, or machinery, tool or instrument
used or intended to be used by the same person in the
manufacture of a firearm, ammunition, or a major part
thereof.
The possession of any machinery, tool or instrument used
directly in the manufacture of firearms, ammunition, or
major parts thereof by any person whose business,
employment or activity does not lawfully deal with the
possession of such article, shall be prima facie evidence
that such article is intended to be used in the unlawful or
illegal manufacture of firearms, ammunition or parts
thereof.
The penalty of prision mayor in its minimum period
to prision mayor in its medium period shall be imposed
upon any laborer, worker or employee of a licensed
firearms dealer who shall unlawfully take, sell or
otherwise dispose of parts of firearms or ammunition
which the company manufactures and sells, and other
materials used by the company in the manufacture or sale
of firearms or ammunition. The buyer or possessor of such
stolen part or material, who is aware that such part or
material was stolen, shall suffer the same penalty as the
laborer, worker or employee.
If the violation or offense is committed by a corporation,
partnership, association or other juridical entity, the
penalty provided for in this section shall be imposed upon
the directors, officers, employees or other officials or
persons therein who knowingly and willingly participated
in the unlawful act.
Section 33. Arms Smuggling. – The penalty of reclusion
perpetua  shall be imposed upon any person who shall
engage or participate in arms smuggling as defined in this
Act.
Section 34. Tampering, Obliteration or Alteration of
Firearms Identification. – The penalty of prision
correccional to prision mayor in its minimum period shall
be imposed upon any person who shall tamper, obliterate
or alter without authority the barrel, slide, frame, receiver,
cylinder, or bolt assembly, including the name of the
maker, model, or serial number of any firearm, or who
shall replace without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including its individual
or peculiar identifying characteristics essential in forensic
examination of a firearm or light weapon.
The PNP shall place this information, including its
individual or peculiar identifying characteristics into the
database of integrated firearms identification system of
the PNP Crime Laboratory for future use and identification
of a particular firearm.
Section 35. Use of an Imitation Firearm. – An imitation
firearm used in the commission of a crime shall be
considered a real firearm as defined in this Act and the
person who committed the crime shall be punished in
accordance with this Act: Provided, That injuries caused on
the occasion of the conduct of competitions, sports, games,
or any recreation activities involving imitation firearms
shall not be punishable under this Act.
Section 36. In Custodia Legis. – During the pendency of any
case filed in violation of this Act, seized firearm,
ammunition, or parts thereof, machinery, tools or
instruments shall remain in the custody of the court. If the
court decides that it has no adequate means to safely keep
the same, the court shall issue an order to turn over to the
PNP Crime Laboratory such firearm, ammunition, or parts
thereof, machinery, tools or instruments in its custody
during the pendency of the case and to produce the same
to the court when so ordered. No bond shall be admitted
for the release of the firearm, ammunition or parts thereof,
machinery, tool or instrument. Any violation of this
paragraph shall be punishable by prision mayor in its
minimum period to prision mayor  in its medium period.
Section 37. Confiscation and Forfeiture. – The imposition
of penalty for any violation of this Act shall carry with it
the accessory penalty of confiscation and forfeiture of the
firearm, ammunition, or parts thereof, machinery, tool or
instrument in favor of the government which shall be
disposed of in accordance with law.
Section 38. Liability for Planting Evidence. – The penalty
of prision mayor in its maximum period shall be imposed
upon any person who shall willfully and maliciously insert;
place, and/or attach, directly or indirectly, through any
overt or covert act, any firearm, or ammunition, or parts
thereof in the person, house, effects, or in the immediate
vicinity of an innocent individual for the purpose of
implicating or incriminating the person, or imputing the
commission of any violation of the provisions of this Act to
said individual. If the person found guilty under this
paragraph is a public officer or employee, such person
shall suffer the penalty of reclusion perpetua.
Section 39. Grounds for Revocation, Cancellation or
Suspension of License or Permit. – The Chief of the PNP or
his/her authorized representative may revoke, cancel or
suspend a license or permit on the following grounds:
(a) Commission of a crime or offense involving the
firearm, ammunition, of major parts thereof;
(b) Conviction of a crime involving moral
turpitude or any offense where the penalty carries
an imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts
thereof through negligence;
(d) Carrying of the firearm, ammunition, or major
parts thereof outside of residence or workplace
without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major
parts thereof in prohibited places;
(f) Dismissal for cause from the service in case of
government official and employee;
(g) Commission of any of the acts penalized under
Republic Act No. 9165, otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002″;
(h) Submission of falsified documents or
misrepresentation in the application to obtain a
license or permit;
(i) Noncompliance of reportorial requirements;
and
(j) By virtue of a court order.
Section 40. Failure to Notify Lost or Stolen Firearm or
Light Weapon. – A fine of Ten thousand pesos (P10,000.00)
shall be imposed upon any licensed firearm holder who
fails to report to the FEO of the PNP that the subject
firearm has been lost or stolen within a period of thirty
(30) days from the date of discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall
be imposed upon any person holding a valid firearm
license who changes residence or office address other than
that indicated in the license card and fails within a period
of thirty (30) days from said transfer to notify the FEO of
the PNP of such change of address.
Section 41. Illegal Transfer/Registration of Firearms. – It
shall be unlawful to transfer possession of any firearm to
any person who has not yet obtained or secured the
necessary license or permit thereof.
The penalty of prision correccional shall be imposed upon
any person who shall violate the provision of the
preceding paragraph. In addition, he/she shall be
disqualified to apply for a license to possess other firearms
and all his/her existing firearms licenses whether for
purposes of commerce or possession, shall be revoked. If
government-issued firearms, ammunition or major parts
of firearms or light weapons are unlawfully disposed, sold
or transferred by any law enforcement agent or public
officer to private individuals, the penalty of reclusion
temporal shall be imposed.
Any public officer or employee or any person who shall
facilitate the registration of a firearm through fraud, deceit,
misrepresentation or submission of falsified documents
shall suffer the penalty of prision correccional.
ARTICLE VI
FINAL PROVISIONS
Section 42. Firearms Repository. – The FEO of the PNP
shall be the sole repository of all firearms records to
include imported and locally manufactured firearms and
ammunition. Within one (1) year upon approval of this Act,
all military and law enforcement agencies, government
agencies, LGUs and government-owned or -controlled
corporations shall submit an inventory of all their firearms
and ammunition to the PNP.
Section 43. Final Amnesty. – Persons in possession of
unregistered firearms and holders of expired license or
unregistered firearms shall register and renew the same
through the Final General Amnesty within six (6) months
from the promulgation of the implementing rules and
regulations of this Act. During the interim period of six (6)
months, no person applying for license shall be charged of
any delinquent payment accruing to the firearm subject for
registration. The PNP shall conduct an intensive
nationwide campaign to ensure that the general public is
properly informed of the provisions of this Act.
Section 44. Implementing Rules and Regulations. – Within
one hundred twenty (120) days from the effectivity of this
Act, the Chief of the PNP, after public hearings and
consultation with concerned sectors of society shall
formulate the necessary rules and regulations for the
effective implementation of this Act to be published in at
least two (2) national newspapers of general circulation.
Section 45. Repealing Clause. – This Act repeals Sections 1,
2, 5 and 7 of Presidential Decree No. 1866, as amended,
and Section 6 of Republic Act No. 8294 and all other laws,
executive orders, letters of instruction, issuances, circulars,
administrative orders, rules or regulations that are
inconsistent herewith.
Section 46. Separability Clause. – If any provision of this
Act or any part hereof is held invalid or unconstitutional,
the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.
Section 47. Effectivity. – This Act shall take effect after
fifteen (15) days from its publication in a newspaper of
nationwide circulation.
People v. Gaborne
Facts:
Rey Perfecto De Luna (De Luna) and Sixto Elizan (Elizan)
entered a videoke bar at Barangay Mugdo, Hinabangan,
Samar. Noli Abayan (Abayan), appellant and Joselito
Bardelas (Bardelas) followed five minutes thereafter.
While Elizan and De Luna were drinking, singing and
merely having fun, four successive gunshots were fired
through the window. Elizan and De Luna were hit from
behind. De Luna and Marialinisa Pasana (Pasana) saw
appellant, who was then wearing a black t-shirt and a
black cap, holding a gun aimed at their location. Pasana
also saw accused-appellant and Bardelas escape after the
incident. Elizan and De Luna were brought to St. Paul's
Hospital at Tacloban City. Unfortunately, Elizan was
pronounced dead upon arrival while De Luna survived.
Appellant’s alibi: According to him, he and his companions
ordered for bottles of beer. However, when they tried to
order for more bottles, the waitress refused to give them
their order unless they pay for their previous orders first.
While Abayan was explaining to the father of the owner of
the videoke bar, appellant and Bardelas went out to
urinate, however, the waitress locked the front door. While
standing outside, he heard the waitress utter the words, "If
you will not pay, I [will] have you killed, all of you, right
this moment. He also consistently contend that it was a
man wearing black shirt and camouflage pants who fired
shots to the videoke bar, not him.
The following day, appellant and Bardelas were arrested
and underwent paraffin test.
RTC found him guilty of the two 2 charges of Murder with
the use of Unlicensed Firearm and Frustrated Murder.
Abayan and Bardelas were acquitted. CA affirmed the
decision of the RTC.
Issue: Whether or not the degree of proof required in
criminal cases has been met in the case at bar.
Held: Yes.
elements of murder are: (1) that a person was killed; (2)
that the accused killed him or her; (3) that the killing was
attended by any of the qualifying circumstances mentioned
in Article 248 of the RPC; and (4) that the killing is not
parricide or infanticide.
ARTICLE 248. Murder. - Any person who, not
falling within the provisions of Article 246 shall
kill another, shall be guilty of murder and shall be
punished by reclusion temporal in its maximum
period to death, if committed with any of the
following attendant circumstances:
1. With treachery, taking advantage of superior
strength, with the aid of armed men, or employing
means to weaken the defense or of means or
persons to insure or afford impunity.
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or
assault upon a street car or locomotive, fall of an
airship, by means of motor vehicles, or with the
use of any other means involving great waste and
ruin.
4. On occasion of any of the calamities enumerated
in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone,
epidemic, or any other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
The requisites of treachery are: (1) The employment of
means method, or manner of execution which will ensure
the safety of the malefactor from defensive or retaliating
acts on the part of the victim, no opportunity being given
to the latter to defend himself or to retaliate; and (2)
Deliberate or conscious adoption of such means, method,
or manner of execution. In this case, the hapless victims
were merely drinking and singing in-front of the videoke
machine when shot by the appellant. The firing was so
sudden and swift that they had no opportunity to defend
themselves or to retaliate. Furthermore, appellant's acts of
using a gun and even going out of the videoke bar
evidently show that he consciously adopted means to
ensure the execution of the crime.
In addition, the lower courts appropriately found appellant
liable for the crime of Frustrated Murder.
A felony is frustrated when the offender performs all the
acts of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it by
reason of causes independent of the will of the
perpetrator.
Intent is not synonymous with motive. Motive alone is not
a proof and is hardly ever an essential element of a crime.
As a general rule, proof of motive for the commission of
the offense charged does not show guilt and absence of
proof of such motive does not establish the innocence of
accused for the crime charged such as murder.
Evidently, accused-appellant's intent to kill was
established beyond reasonable doubt. This can be seen
from his act of shooting Elizan and De Luna from behind
with a firearm while they were innocently singing and
drinking.
In view of the amendments introduced by R.A. No. 8294
and R.A. No. 10591, to Presidential Decree No. 1866,
separate prosecutions for homicide and illegal possession
are no longer in order. Instead, illegal possession of
firearm is merely to be taken as an aggravating
circumstance in the crime of murder. It is clear from the
foregoing that where murder results from the use of an
unlicensed firearm, the crime is not qualified illegal
possession but, murder. In such a case, the use of the
unlicensed firearm is not considered as a separate crime
but shall be appreciated as a mere aggravating
circumstance. Thus, where murder was committed, the
penalty for illegal possession of firearms is no longer
imposable since it becomes merely a special aggravating
circumstance. The intent of Congress is to treat the offense
of illegal possession of firearm and the commission of
homicide or murder with the use of unlicensed firearm as
a single offense.
In the case at hand, since it was proven that accused-
appellant was not a licensed firearm holder, and that he
was positively identified by the witnesses as the one who
fired shots against the victims, the use of an unlicensed
firearm in the commission of the crimes of Murder and
Frustrated Murder should be considered as an aggravating
circumstance thereof.

Presidential Decree No. 1866             June 29, 1983
Amended by RA 9516 "Section 3 and 4"
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"
WHEREAS, there has been an upsurge of crimes vitally
affecting public order and safety due to the proliferation of
illegally possessed and manufactured firearms,
ammunition and explosives;
WHEREAS, these criminal acts have resulted in loss of
human lives, damage to property and destruction of
valuable resources of the country;
WHEREAS, there are various laws and presidential decrees
which penalized illegal possession and manufacture of
firearms, ammunition and explosives;
WHEREAS, there is a need to consolidate, codify and
integrate said laws and presidential decrees to harmonize
their provisions;
WHEREAS, there are some provisions in said laws and
presidential decrees which must be updated and revised in
order to more effectively deter violators of the law on
firearms, ammunition and explosives.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President
of the Philippines, by virtue of the powers in me vested by
the Constitution, do hereby decree:1awphi1©
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 of 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.
If the violation of this Section is in furtherance of, or
incident to, or in connection with the crimes of rebellion,
insurrection or subversion, the penalty of death shall be
imposed.
The penalty of reclusion temporal in its maximum period
to reclusion perpetua shall be imposed upon the owner,
president, manager, director or other responsible officer of
any public or private firm, company, corporation or entity,
who shall willfully or knowingly allow any of the firearms
owned by such firm, company, corporation or entity to be
used by any person or persons found guilty of violating the
provisions of the preceding paragraphs.
The penalty of prision mayor shall be imposed upon any
person who shall carry any licensed firearm outside his
residence without legal authority therefor.
Section 2. Presumption of Illegal Manufacture of Firearms
or Ammunition. - The possession of any machinery, tool or
instrument used directly in the manufacture of firearms or
ammunition, by any person whose business or
employment does not lawfully deal with the manufacture
of firearms or ammunition, shall be prima facie evidence
that such article is intended to be used in the
unlawful/illegal manufacture of firearms or ammunition.
Section 3. Unlawful Manufacture, Sales, Acquisition,
Disposition or Possession of Explosives. - The penalty of
reclusion temporal in its maximum period to reclusion
perpetua shall be imposed upon any person who shall
unlawfully manufacture, assemble, deal in, acquire,
dispose or possess handgrenade(s), rifle grenade(s) and
other explosives, including but not limited to "philbox
bombs", "molotov cocktail bomb", "fire-bombs", or other
incendiary devices capable of producing destructive effect
on contiguous objects or causing injury or death to any
person.1awphi1©ITC
Any person who commits any of the crimes defined in the
Revised Penal Code or special laws with the use of the
aforementioned explosives, detonation agents or
incendiary devices, which results in the death of any
person or persons shall be punished with the penalty of
death.
If the violation of this Section is in furtherance of, or
incident to, or in connection with the crimes of rebellion,
insurrection or subversion, the penalty of death shall be
imposed.
The penalty of reclusion temporal in its maximum period
to reclusion perpetua shall be imposed upon the owner,
president, manager, director or other responsible officer of
any public or private firm, company, corporation or entity,
who shall willfully or knowingly allow any of the
explosives owned by such firm, company, corporation or
entity to be used by any person or persons found guilty of
violating the provisions of the preceding paragraphs.
Section 4. Presumption of Unlawful Manufacture. - The
possession of any machinery, tool or instrument directly
used in the manufacture of explosives, by any person
whose business or employment does not lawfully deal
with the manufacture of explosives shall be prima facie
evidence that such article is intended to be used in the
unlawful/illegal manufacture of explosives.
Section 5. Tampering of Firearm's Serial Number. - The
penalty of prision mayor shall be imposed upon any
person who shall unlawfully tamper, change, deface or
erase the serial number of any firearm.
Section 6. Repacking or Altering the Composition of
Lawfully Manufactured Explosives. - The penalty of prision
mayor shall be imposed upon any person who shall
unlawfully repack, alter or modify the composition of any
lawfully manufactured explosives.
Section 7. Unauthorized Issuance of Authority to Carry
Firearm and/or Ammunition Outside of Residence. - The
penalty of prision correccional shall be imposed upon any
person, civilian or military, who shall issue authority to
carry firearm and/or ammunition outside of residence,
without authority therefor.
Section 8. Rules and Regulations. - The Chief of the
Philippine Constabulary shall promulgate the rules and
regulations for the effective implementation of this Decree.
Section 9. Repealing Clause. - The provisions of Republic
Act No. 4, Presidential Decree No. 9, Presidential Decree
No. 1728 and all laws, decrees, orders, instructions, rules
and regulations which are inconsistent with this Decree
are hereby repealed, amended or modified accordingly.
Section 10. Effectivity. - This Decree shall take effect after
fifteen (15) days following the completion of its
publication in the Official Gazette.
Dizon v. CA
Facts: around 7:00 in the evening on May 11, 1990,
patrolmen Ernesto Marquez and Alfredo Opriasa, of the
Western Police District followed a group of rallyist,
numbering about 20 to 25, that marched along Recto
Avenue then turned left on Nicanor Reyes Street (formerly
Morayta Street) and proceeded to Españ a Street. The
group was protesting the coming exploratory talks
between the governments of the Philippines and the
United States concerning the extension of the Military
Bases Agreement which was due to expire on September
16, 1991. Upon reaching the intersection of Españ a and A.
Maceda Streets, the demonstrators stopped to stage a
noise barrage.
Opriasa got hold of accused-appellant who was left behind
while trying to light one of the tires on the street. Opriasa
frisked accused-appellant and confiscated from him a
pillbox. Pfc. Cacacete, a bomb specialist, found it positive
for explosive.
Appellant’s alibi: He was a student at the Polytechnic
University of the Philippines and a member of the League
of Filipino Students, one of the largest student-based
activist groups in the country.
The trial court found Dizon guilty beyond reasonable
doubt of the crime of violation of Section 3 of Presidential
Decree No. 1866. CA affirmed the decision.
Issue: Whether or not the CA gravely abused its discretion
Held: No. Although the penalty should be modified in view
of the amendment to PD No. 1866.
The device failed to explode during the July 16, 1990 killer
earthquake notwithstanding that Dequitos cabinet which
contained the device fell sideways on a table. However, as
Marilyn Dequito explained:
[T]he pillbox was not really totally sealed. What I
placed in my locker [is an] explosive that w[as]
not totally sealed. It [was] opened already. In fact,
moisture has already been absorb[ed] by that
mixture of substances and I dont thin[k] it will
explode and there will be no explosion
anymore.But if the pillbox is totally sealed, when
you throw it, pressure will be built inside so when
you throw it the pressure will be released. That is
the time that there will be an explosion when the
pressure will be released.
Both the trial court and the CA correctly found accused-
appellant guilty of illegal possession of pillbox as defined
and punished in 3 of P.D. No. 1866. However, the penalty
imposed on accused-appellant must be modified in view of
Republic Act No. 8294.
People of the Philippines v. Rodolfo dela Rosa, et al.
G.R. No. 84857, January 16, 1998
FACTS:
The 3 accused claim that they were recruited by Kumander
Tamang on different dates. When they were recruited, they
returned to their hideout in the mountains. Kumander
Tamang called them to a meeting saying that they would
go down and assassinate Kagawad Rigor. Later, they heard
a gunshot from the hut of Kumander Tamang and saw
Reyes holding Kumander Tamang's shotgun. He
announced that Kumander Tamang was dead. He told
them it would be better to surrender themselves to the
authorities. He ordered them to gather the shotgun and the
sticks of dynamite while he set on fire Kumander Tamang's
hut. The following day, they reached the house of Kagawad
Rigor. The 4 accused surrendered to Kagawad Valeriano
Rigor surrendered and informed him that Benjamin Nano,
a member of NPA, was shot by one of them. The four had a
short shotgun and a bag containing several sticks of
dynamite. Kagawad Rigor went to the police station to
report the incident and surrender.
They were brought to the Philippine Constabulary HQ and
when an investigator started to question them, they asked
for a lawyer to assist them but the investigator said they
would not need one for they were surrenderees and would
soon be freed. Hence, they gave their subscribed
statements to the police. The next day, Cresencio Reyes
informed the police that there were firearms left buried in
a hiding place which was covered by banana leaves. The
police found 2 long barreled shotguns. After their
statements were taken, the police took them back to the
police station in Labrador, where they were detained, and
soon transferred to the provincial jail. They denied ever
seeing the 2 long firearms which were recovered in Sitio
Tebel Patar. They saw said firearms for the first time when
the prosecution presented them as exhibits during the
trial. The court convicted them for illegal possession of
firearms and explosives.
ISSUE:
Were the conviction of the accused for violation of PD
1866 proper?
HELD:
NO. The elements of illegal possession of firearms are
committed when the holder (a) possesses a firearm; and
(b) lacks the authority or license to possess it. For
possession to be convicted under PD 1866, the accused
must possess a firearm, either physically or constructively,
with animus possidendi or intention to possess the same.
It is not enough that the firearm was found in the person of
the accused who held the same temporarily and casually or
for the purpose of surrendering the same. Aanimus
possidendi is a state of mind, as such, what goes on into
the mind of an accused, as his real intent, could be
determined solely based on his prior and coetaneous acts
and the surrounding circumstances explaining how the
subject firearm came to his possession.
In the case, Dela Rosa and his companions had
surrendered the ammunitions to Kagawad Rigor even
before the police arrived. Moreover, the OSG's contention
that dela Rosa was in constructive possession of the
ammunitions is irrelevant for possession without animus
possidendi, is not punishable. Dela Rosa's possession was
harmless, temporary and only incidental for the purpose of
surrendering the ammunitions to the authorities.
Consequently, the prosecution failed to establish the first
element of animus possidendi.
PRESIDENTIAL DECREE No. 1613
AMENDING THE LAW ON ARSON
WHEREAS, findings of the police and intelligence agencies
of the government reveal that fires and other crimes
involving destruction in Metro Manila and other urban
centers in the country are being perpetrated by criminal
syndicates, some of which have foreign connections;
WHEREAS, the current law on arson suffers from certain
inadequacies that impede the successful enforcement and
prosecution of arsonists;
WHEREAS, it is imperative that the high incidence of fires
and other crimes involving destruction be prevented to
protect the national economy and preserve the social,
economic and political stability of the country;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President
of the Philippines, by virtue of the powers vested in me by
the Constitution, do hereby order and decree as part of the
law of the land, the following:
Section 1. Arson. Any person who burns or sets fire to the
property of another shall be punished by Prision Mayor.
The same penalty shall be imposed when a person sets fire
to his own property under circumstances which expose to
danger the life or property of another.
Section 2. Destructive Arson. The penalty of Reclusion
Temporal in its maximum period to Reclusion Perpetua
shall be imposed if the property burned is any of the
following:
1. Any ammunition factory and other
establishment where explosives, inflammable or
combustible materials are stored.
2. Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
3. Any church or place of worship or other
building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of
persons or property
4. Any building where evidence is kept for use in
any legislative, judicial, administrative or other
official proceedings.
5. Any hospital, hotel, dormitory, lodging house,
housing tenement, shopping center, public or
private market, theater or movie house or any
similar place or building.
6. Any building, whether used as a dwelling or not,
situated in a populated or congested area.
Section 3. Other Cases of Arson. The penalty of Reclusion
Temporal to Reclusion Perpetua shall be imposed if the
property burned is any of the following:
1. Any building used as offices of the government
or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well
or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or forest;
4. Any rice mill, sugar mill, cane mill or mill
central; and
5. Any railway or bus station, airport, wharf or
warehouse.
Section 4. Special Aggravating Circumstances in Arson. The
penalty in any case of arson shall be imposed in its
maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred
towards the owner or occupant of the property
burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if its is planned or
carried out by a group of three (3) or more persons.
Section 5. Where Death Results from Arson. If by reason of
or on the occasion of the arson death results, the penalty of
Reclusion Perpetua to death shall be imposed.
Section 6. Prima Facie evidence of Arson. Any of the
following circumstances shall constitute prima facie
evidence of arson:
1. If the fire started simultaneously in more than
one part of the building or establishment.
2. If substantial amount of flammable substances
or materials are stored within the building note
necessary in the business of the offender nor for
household us.
3. If gasoline, kerosene, petroleum or other
flammable or combustible substances or materials
soaked therewith or containers thereof, or any
mechanical, electrical, chemical, or electronic
contrivance designed to start a fire, or ashes or
traces of any of the foregoing are found in the
ruins or premises of the burned building or
property.
4. If the building or property is insured for
substantially more than its actual value at the time
of the issuance of the policy.
4. If during the lifetime of the corresponding fire
insurance policy more than two fires have
occurred in the same or other premises owned or
under the control of the offender and/or insured.
5. If shortly before the fire, a substantial portion of
the effects insured and stored in a building or
property had been withdrawn from the premises
except in the ordinary course of business.
6. If a demand for money or other valuable
consideration was made before the fire in
 exchange for the desistance of the offender or for
the safety of the person or property of the victim.
Section 7. Conspiracy to commit Arson. Conspiracy to
commit arson shall be punished by Prision Mayor in its
minimum period.
Section 8. Confiscation of Object of Arson. The building
which is the object of arson including the land on which it
is situated shall be confiscated and escheated to the State,
unless the owner thereof can prove that he has no
participation in nor knowledge of such arson despite the
exercise of due diligence on his part.
Section 9. Repealing Clause. The provisions of Articles 320
to 326-B of the Revised Penal Code and all laws, executive
orders, rules and regulations, or parts thereof, inconsistent
with the provisions of this Decree are hereby repealed or
amended accordingly.
Section 10. Effectivity. This Decree shall take effect
immediately upon publication thereof at least once in a
newspaper of general circulation.
PEOPLE OF THE PHILIPPINES vs . ALAMADA
MACABANDO (G.R. No. 188708. July 31, 2013)
FACTS: The prosecution's evidence showed that at around
4:00 p.m. on December 21, 2001, the appellant broke
bottles on the road while holding a G.I. pipe, and shouted
that he wanted to get even ("manabla ko"). Afterwards, he
uttered that he would burn his house. At 6:35 p.m. of the
same day, Cornelio Feliciano heard his neighbors shout
that there was a fire. When Cornelio went out of his house
to verify, he saw smoke coming from the appellant's house.
He got a pail of water, and poured its contents into the fire.
Eric Quilantang, a neighbor whose house was just 10
meters from that of the appellant, ran to the barangay
headquarters to get a fire extinguisher. When Eric
approached the burning house, the appellant, who was
carrying a traveling bag and a gun, told him not to
interfere; the appellant then fired three (3) shots in the air.
Fire Officer (FO) II Victor Naive and FOI Reynaldo Maliao
conducted a spot investigation of the incident, and
concluded, among others, that the fire started in the
appellant's house; and that it had been intentional.
The prosecution charged the appellant with the crime of
destructive arson under Article 320 of the Revised Penal
Code (RPC), as amended, before the RTC. In its judgment
dated August 26, 2002, the RTC found the appellant guilty
beyond reasonable doubt of the crime charged. On appeal,
the CA affirmed the RTC judgment in toto.
ISSUE: Was Macabando guilty of the crime charged?
HELD: Yes, but under Sec. 3 of PD 1613. In the present
case, the following circumstances constitute an unbroken
chain that leads to an unavoidable conclusion that the
appellant, to the exclusion of others, set fire to his house:
first, the appellant, while holding an iron lead pipe, acted
violently and broke bottles near his house at around 4:00
p.m. of December 21, 2001; second, while he was still in a
fit of rage, the appellant stated that he would get even, and
then threatened to burn his own house; third, Judith
Quilantang saw a fire in the appellant's room
approximately two hours after the appellant returned to
his house; fourth, the appellant prevented Cornelio, Eric,
and several other people from putting out the 􀁈re in his
house; fifth, the appellant fired shots in the air, and then
threatened to kill anyone who would try to put out the fire
in his house; sixth, the appellant carried a traveling bag
during the fire; and finally, the investigation conducted by
the fire marshals of the Bureau of Fire Protection revealed
that the fire started in the appellant's house, and that it
had been intentional. The combination of these
circumstances, indeed, leads to no other conclusion than
that the appellant set fire to his house. We find it unnatural
and highly unusual for the appellant to prevent his
neighbors from putting out the fire in his house, and
threaten to kill them if they did, if he had nothing to do
with the crime.
Article 320 contemplates the malicious burning of
structures, both public and private, hotels, buildings,
edifices, trains, vessels, aircraft, factories and other
military, government or commercial establishments by any
person or group of persons. Presidential Decree (P.D.) No.
1613, on the other hand, currently governs simple arson.
P.D. No. 1613 contemplates the malicious burning of public
and private structures, regardless of size, not included in
Article 320 of the RPC, as amended by Republic Act No.
7659. This law punishes simple arson with a lesser penalty
because the acts that constitute it have a lesser degree of
perversity and viciousness. Simple arson contemplates
crimes with less significant social, economic, political, and
national security implications than destructive arson. The
elements of simple arson under Section 3 (2) of P.D. No.
1613 are: (a) there is intentional burning; and (b) what is
intentionally burned is an inhabited house or dwelling.
Both these elements have been proven in the present case.
The Information alleged that the appellant set fire to his
own house, and that the fire spread to other inhabited
houses. These allegations were established during trial
through the testimonies of the prosecution witnesses
which the trial and appellate courts found credible and
convincing, and through the report of the Bureau of Fire
Protection which stated that damaged houses were
residential, and that the fire had been intentional.
Moreover, the certification from the City Social Welfare
and Development Department likewise indicated that the
burned houses were used as dwellings. The appellant
likewise testified that his burnt two-story house was used
as a residence. That the appellant's act affected many
families will not convert the crime to destructive arson,
since the appellant's act does not appear to be heinous or
represents a greater degree of perversity and viciousness
when compared to those acts punished under Article 320
of the RPC. The established evidence only showed that the
appellant intended to burn his own house, but the
conflagration spread to the neighboring houses.
PEOPLE OF THE PHILIPPINES vs. EDNA MALNGAN y
MAYO (G.R. No. 170470. September 26, 2006)
FACTS: It was at around 4:45 a.m. on January 2, 2001
when Remigio Bernardo and his tanods saw the accused-
appellant EDNA, one hired as a housemaid by Roberto
Separa, Sr., with her head turning in different directions,
hurriedly leaving the house of her employer. Thirty
minutes later, at around 5:15 a.m. Barangay Chairman
Bernardo's group later discovered that a fire gutted the
house of the employer of the housemaid. At the Barangay
Hall, Mercedita Mendoza, neighbor of Roberto Separa, Sr.
and whose house was also burned, identified the woman
as accused-appellant EDNA who was the housemaid of
Roberto Separa, Sr. Upon inspection, a disposable lighter
was found inside accused-appellant EDNA's bag.
Thereafter, accused-appellant EDNA confessed to
Barangay Chairman Bernardo in the presence of
multitudes of angry residents outside the Barangay Hall
that she set her employer's house on fire because she had
not been paid her salary for about a year and that she
wanted to go home to her province but her employer told
her to just ride a broomstick in going home. On 9 January
2001, an Information was filed before the RTC of Manila,
Branch 41 charging accused-appellant with the crime of
Arson with Multiple Homicide. The RTC found Edna guilty
of the crime charged. The CA affirmed the decision of the
RTC but amended the penalty.
ISSUE: Was the lower court correct in charging the
accused with Arson with multiple homicide?
HELD: No, the Information in this case erroneously
charged accused-appellant with a complex crime. Art. 320
of the RPC, as amended, with respect to destructive arson,
and the provisions of PD No. 1613 respecting other cases
of arson provide only one penalty for the commission of
arson, whether considered destructive or otherwise,
where death results therefrom. The raison d’etre is that
arson is itself the end and death is simply the consequence.
Accordingly, in cases where both burning and death occur,
in order to determine what crime/crimes was/were
perpetrated — whether arson, murder or arson and
homicide/murder, it is de rigueur to ascertain the main
objective of the malefactor: (a) if the main objective is the
burning of the building or edifice, but death results by
reason or on the occasion of arson, the crime is simply
arson, and the resulting homicide is absorbed; (b) if, on the
other hand, the main objective is to kill a particular person
who may be in a building or edifice, when fire is resorted
to as the means to accomplish such goal the crime
committed is murder only; lastly, (c) if the objective is,
likewise, to kill a particular person, and in fact the offender
has already done so, but fire is resorted to as a means to
cover up the killing, then there are two separate and
distinct crimes committed — homicide/murder and arson.
There are two (2) categories of the crime of arson: 1)
destructive arson, under Art. 320 of the Revised Penal
Code, as amended by Republic Act No. 7659; and 2) simple
arson, under Presidential Decree No. 1613. Said
classification is based on the kind, character and location
of the property burned, regardless of the value of the
damage caused. Article 320 of The Revised Penal Code, as
amended by RA 7659, contemplates the malicious burning
of structures, both public and private, hotels, buildings,
edifices, trains, vessels, aircraft, factories and other
military, government or commercial establishments by any
person or group of persons. The classification of this type
of crime is known as Destructive Arson, which is
punishable by reclusion perpetua to death. On the other
hand, PD 1613 which repealed Arts. 321 to 326-B of The
Revised Penal Code remains the governing law for Simple
Arson. This decree contemplates the malicious burning of
public and private structures, regardless of size, not
included in Art. 320, as amended by RA 7659, and
classified as other cases of arson. These include houses,
dwellings, government buildings, farms, mills, plantations,
railways, bus stations, airports, wharves and other
industrial establishments. The nature of Destructive Arson
is distinguished from Simple Arson by the degree of
perversity or viciousness of the criminal offender. The acts
committed under Art. 320 of the Revised Penal Code (as
amended) constituting Destructive Arson are
characterized as heinous crimes for being grievous, odious
and hateful offenses and which, by reason of their inherent
or manifest wickedness, viciousness, atrocity and
perversity are repugnant and outrageous to the common
standards and norms of decency and morality in a just,
civilized and ordered society. On the other hand, acts
committed under PD 1613 constituting Simple Arson are
crimes with a lesser degree of perversity and viciousness
that the law punishes with a lesser penalty. In other words,
Simple Arson contemplates crimes with less significant
social, economic, political and national security
implications than Destructive Arson. However, acts falling
under Simple Arson may nevertheless be converted into
Destructive Arson depending on the qualifying
circumstances present.
Thus, Edna should only be charged with Simple Arson.
Dante & Sarmelito Buebos v. People of the Philippines
G.R. No. 163938, March 28, 2008
FACTS:
Adelina Borbe was in her house, watching over her sick child,
when she heard some noise around the house. She got up and
looked through the window and saw the 4 accused congregating
in front of her hut. When she went out, she saw the roof of her
nipa hut already on fire. She shouted for help. Instead of coming
to her immediate succor, they fled. Olipiano Berjuela heard her
scream for help. He immediately ran to the place and saw a
number of people jumping over the fence. When he focused his
flashlight on them, he was able to identify the 4 accused. On
complaint of Adelina, petitioners were indicted for arson in an
Information.
The trial court found them guilty. On appeal to CA, in
downgrading the penalty, the accused could only be convicted of
simple arson, punishable by prision mayor, and not for burning of
an inhabited house, which is punishable by imprisonment
ranging from reclusion temporal to reclusion perpetua. The
information failed to allege with specificity the actual crime
committed. Hence, the accused should be found liable only for
arson in its simple form.
ISSUE:
Are the accused guilty of simple arson only?
HELD:
YES. There are 2 categories of the crime of arson: (1) destructive
arson, under Art. 320, RPC; and (2) simple arson under PD 1613.
The elements of arson under Section 3, paragraph 2 of PD 1613
are: (a) there is intentional burning; and (b) what is intentionally
burned is an inhabited house or dwelling. The information failed
to allege that what was intentionally burned was an inhabited
house or dwelling which is fatal. Under the new rules, the
information or complaint must state the designation of the
offense given by the statute and specify its qualifying and generic
aggravating circumstances. Otherwise stated, the accused will not
be convicted of the offense proved during the trial if it was not
properly alleged in the information.
Perusing the information, there was no allegation that the house
intentionally burned by petitioners and their cohorts was
inhabited. Rather, the information merely recited that accused,
conspiring, confederating and helping one another, with intent to
cause damage, did then and there wilfully, unlawfully, feloniously
and maliciously set on fire the nipa roof of the house of Borbe, to
the latter’s damage and prejudice. In fine, petitioners can be
convicted only of simple arson, under Section 1, paragraph 1 of
P.D. No. 1613, punishable by prision mayor.
PEOPLE OF THE PHILIPPINES, vs. NESTOR G. SORIANO
alias Boy
[G.R. No. 142565. July 29, 2003]
FACTS:
Nestor G. Soriano was having an argument with his
live-in partner Honey Rosario Cimagala concerning their
son Nestor, Jr., nicknamed Otoy. Honey worked as Guest
Relations Officer (GRO) in a Metro Manila beer house. The
disagreement stemmed from the fact that Honeys brother,
Oscar Cimagala, took their child out without the consent of
accused-appellant who wanted both Honey
and Otoy instead to return with him to Manila. But Honey
refused. As their discussion wore on accused-appellant
intimated to Honey his desire to have sex with her, which
he vigorously pursued the night before with much success.
This time Honey did not relent to the baser instincts of
Nestor; instead, she kicked him as her stern rebuke to his
sexual importuning.
Incensed by her negative response, Nestor nastily
retorted: [S]he is now arrogant and proud of her brother
who now supported (sic) her and her children. He added
that since he returned from Manila, the house had become
unlucky, referring to that belonging to her aunt Fe
Cimagila then occupied by Honey located at Datu Abing
Street, Calinan, Davao City.
In the heated exchanges, Nestor struck Honey in the
forehead. You are hurting me, she snapped back, just like
what you did to me in Manila.
Nestor then moved away as he muttered: It is better
that I burn this house, and then took a match from the top
of a cabinet, lighted a cigarette and set fire to the plastic
partition that served as divider of Honeys room.
With her naked body precariously draped in a towel,
Honey instinctively took off her covering and doused off
the flame with it. Then she rushed to her cabinet in the
room to get a T-shirt and put it on. But Nestor did his
worst; he went to Honeys room and set on fire her clothes
in the cabinet.
 As a result, the house occupied by Honey was totally
burned together with five (5) neighboring houses.
ISSUE: Whether Soriano is liable for Destructive Arson or
Simple Arson
HELD:
The Court believes that the applicable provision of
law should be Sec. 3, par. 2, of PD 1613, which imposes a
penalty of reclusion temporal to reclusion
perpetua for other cases of arson as the properties burned
by accused-appellant are specifically described as houses,
contemplating inhabited houses or dwellings under the
aforesaid law. The descriptions as alleged in the
second Amended Information particularly refer to the
structures as houses rather than as buildings or edifices.
The applicable law should therefore be Sec. 3, par. 2, of PD
1613, and not Art. 320, par. 1 of the Penal Code. In case of
ambiguity in construction of penal laws, it is well-settled
that such laws shall be construed strictly against the
government, and literally in favor of the accused.
The elements of arson under Sec. 3, par. 2, of PD 1613
are: (a) there is intentional burning; and (b) what is
intentionally burned is an inhabited house or dwelling.
Incidentally, these elements concur in the case at bar.
The nature of Destructive Arson is distinguished
from Simple Arson by the degree of perversity or
viciousness of the criminal offender. The acts committed
under Art. 320 of The Revised Penal
Code constituting Destructive Arson are characterized
as heinous crimes for being grievous, odious and
hateful offenses and which, by reason of their inherent
or manifest wickedness, viciousness, atrocity and
perversity are repugnant and outrageous to the
common standards and norms of decency and morality
in a just, civilized and ordered society.  On the other
hand, acts committed under PD 1613 constituting Simple
Arson are crimes with a lesser degree of perversity and
viciousness that the law punishes with a lesser penalty. In
other words, Simple Arson contemplates crimes with less
significant social, economic, political and national security
implications than Destructive Arson. However, acts falling
under Simple Arson may nevertheless be converted
into Destructive Arson depending on the qualifying
circumstances present.
In the present case, the act committed by accused-
appellant neither appears to be heinous nor represents a
greater degree of perversity and viciousness as
distinguished from those acts punishable under Art. 320
of The Revised Penal Code. No qualifying circumstance was
established to convert the offense to Destructive Arson. The
special aggravating circumstance that accused-appellant
was motivated by spite or hatred towards the owner or
occupant of the property burned cannot be appreciated in
the present case where it appears that he was acting more
on impulse, heat of anger or risen temper rather than real
spite or hatred that impelled him to give vent to his
wounded ego. Nothing can be worse than a spurned lover
or a disconsolate father under the prevailing
circumstances that surrounded the burning of the
Cimagala house. Thus, accused-appellant must be held
guilty of Simple Arson penalized under Sec. 3, par. 2, of PD
1613 for the act of intentionally burning an inhabited
house or dwelling.
In addition, we find that there exists a mitigating
circumstance that should have been appreciated by the
trial court in determining the penalty to be imposed on the
accused-appellant: a circumstance similar and analogous
to passion and obfuscation. An impulse of invidious or
resentful feelings contemplates a situation akin to passion
and obfuscation. This circumstance is mitigating since, like
passion and obfuscation, the accused who acts with these
feelings suffers a diminution of his intelligence and intent, a
reduction in his mental and rational faculties.
G.R. No. 93485 June 27, 1994
PEOPLE OF THE PHILIPPINES vs. PEDRO CEDENIO Y
RASONABLE, FELIPE ANTIPOLO Y MISA, and JURITO
AMARGA Y BAHI-AN
FACTS:
A sheet of fire raged, its crimson brightness
overwhelming the velvet darkness enshrouding the
sleepy barangay as it enveloped the lair of
a mandadaut, 1 the flames only fading away with the first
blush of dawn. As the smoke thinned and the ashes settled,
the debris yielded five (5) fatalities among them a 22-day
old female infant. Unlike the other victims, she did not
sustain any stab or hack wound. She could have died of
suffocation if not of burning.
Although it appears that around nine (9) persons
were involved in the commission of the felony,6 only three
(3) were convicted by the trial court.7 Thus on 16 March
1990, it found Pedro Cedenio, Felipe Antipolo and Jurito
Amarga guilty of "Arson with Multiple Murder as defined
and penalized under Section 5 of Presidential Decree No.
1613 (amending the law on Arson)" 8 and sentenced them
to reclusion perpetua. On 4 April 1990, they filed their
notice of appeal.
Appellants now argue that there is no direct and
positive evidence showing that they killed the victims and
burned their house. The fact that prosecution witnesses
saw them coming out of the burning house cannot by itself
sustain the conviction as this lone circumstance is capable
of several interpretations. If witnesses indeed saw them
there, that must be the time when they (appellants) were
trying to save the burning house and its occupants. They
likewise contend that the testimonies of the prosecution
witnesses are contrary to human experience and should
not inspire credence. Thus the claim of witness Antifuesto
that his bolo was borrowed and later returned with
bloodstains is highly improbable for it is unnatural for
criminals to openly bare the instruments used in
perpetrating a crime.
It is settled that there is no complex crime of arson
with homicide. The late Mr. Chief Justice Ramon C. Aquino
cites Groizard —
. . . when fire is used with the intent to kill a particular
person who may be in a house and that objective is
attained by burning the house, the crime is murder only.
When the Penal Code declares that killing committed by
means of fire is murder, it intends that fire should be
purposely adopted as a means to that end. There can be no
murder without a design to take life. In other words, if the
main object of the offender is to kill by means of fire, the
offense is murder. But if the main objective is the burning
of the building, the resulting homicide may be absorbed by
the crime of arson.9
. . . in the classification of crimes committed by fire,
attention must be given to the intention of the author.
When fire is used with intent to kill a . . . person who may
be in shelter, and that objective is secured, the crime is . . .
murder. Murder or homicide in a juridical sense would
exist if the killing were the objective of the malefactor and
the burning of the building was resorted only as the means
of accomplishing his purpose. The rule is otherwise when
arson is itself the end and death is a mere consequence.
The crime in such a case would be arson only, absorbing
the homicide.
ISSUE: Whether accused is liable for Arson with Multiple
Murder or 4 counts of Murder and another crime of Arson
HELD:
The Court ruled on the latter.
While the prosecution witnesses did not see the
actual killing of the victims and the burning of the house,
we have repeatedly ruled that guilt may be established
through circumstantial evidence provided that (1) there is
more than one circumstance; (2) the facts from which the
inferences are derived are proven; and, (3) the
combination of all the circumstances is such as to produce
conviction beyond reasonable doubt. Thus in (People v.
Adriano)  and (People v. Galendez)  we ruled that there can
be a conviction based on circumstantial evidence when the
circumstances proven form an unbroken chain which leads
to a fair and reasonable conclusion pinpointing the
accused as the perpetrator of the crime.
This is another lucid illustration of a case where a
conviction can be sustained on the basis of circumstantial
evidence. First, appellant Cedenio borrowed the bolo of
witness Antifuesto at around seven o’clock in the evening.
Second, Cedenio together with appellants Antipolo and
Amarga were positively identified as brandishing their
bloodstained bolos while rushing out of the victims’
burning house around ten-thirty that same evening. Third,
Antifuesto’s bolo was returned to him at around three
o’clock the following morning after appellants were seen
outside the victims’ burning house. Fourth, the bolo had
bloodstains when it was returned. Fifth, Cedenio called on
Antifuesto at three-thirty that same morning to appease
the latter and assure him not to worry because " . . . if this
incident reaches the court, I will answer (for) everything."
Sixth, when retrieved from the burned house, the bodies of
the victims bore stab and hack wounds. For sure, these
circumstances "form an unbroken chain which leads to a
fair and reasonable conclusion pinpointing the accused as
the perpetrators of the crime."
In fine, we believe that when appellants were seen in
the vicinity of the burning house, they were not there to
save lives and property but rather to escape from the locus
criminis and avoid being made to answer for the
consequences of their wicked act. In other words, they
were not there to save the lives and valuables of the
victims but to save their own. We are convinced that
appellants conspired to inflict fatal blows on the victims
which cost their lives and thereafter set their house on fire
to conceal the dastardly deed. Conspiracy, as we said, may
be inferred from the acts of the accused when such acts
point to a joint purpose or design. 
From the evidence adduced, it is evident that after the
victims were hacked and stabbed to death, appellants set
the house afire to hide their gruesome act. This is the only
logical conclusion for the burning of the house. For,
appellants and some six (6) others, all bolo-wielding, have
already inflicted fatal wounds on the victims, save for the
22-day old infant. If their objective was merely to kill the
victims then there would be no reason for them to burn
the victims’ abode. On the other hand, if their objective
was merely arson, they would not have attacked the
victims with their bolos.
Nevertheless, we qualify the killing to murder on
account of evident premeditation. For evident
premeditation to be considered, it must affirmatively
appear from the overt acts of the accused that they
definitely resolved to commit the offense; that they coolly
and dispassionately reflected on the means of carrying
their resolution into execution and on the consequences of
their criminal design; and, that an appreciable length of
time elapsed as to expect an aroused conscience to
otherwise relent and desist from the accomplishment of
the intended crime.  These, the prosecution established.
The fact alone that appellants burned the victims’
house after inflicting fatal wounds on them already
suggests that they clung to their determination to commit
the crime. The circumstance that appellant Cedenio
borrowed the bolo of witness Antifuesto and later placated
the latter when his bolo was returned to him already
bloodstained strongly indicates that appellants pondered
on the means of executing the crime and on the
consequences of their criminal design. Since appellant
Cedenio borrowed the bolo at around seven o’clock in the
evening and the crime was committed around ten o’clock
that same evening, certainly, there was sufficient interval
of time within which to reflect upon the consequences of
the crime they planned to commit.