PEOPLE OF THE PHILIPPINES vs.

EUTROPIO TIOZON y ACID

G.R. No. 89823 June 19, 1991

FACTS:

Tiozon was found guilty in violating PD 1866 by having in his possession, custody and control one .
38 caliber revolver with 3 ammunitions without authority of law in shooting and causing the death of
Leonardo Bolima.

Around 11:00 PM, February 24, 1989, Tiozon, who appeared to be very drunk, went to Bolima’s
house. Bolima’s wife saw Tiozon showing a gun to her husband and even toyed with it. Later, she found
out that the two had already left and then five minutes later and/or after she had heard two successive
gunshots, she heard Tiozon knocking at their door and at the same time informing her that he accidentally
shot her husband. Tiozon helped in carrying the victim towards the main road, however, after a few steps,
he changed his mind and put down the victim. He reasoned out that the victim was already dead.

DEFENSE OF TIOZON:

He was not the one holding the gun immediately before the shooting incident, for as admitted by the
victim's wife, her husband also toyed with the gun. Also, he does not own the gun because it was tucked in
Bolima’s waistline before the shooting incident.

m
er as
CONTENTION OF THE STATE:

co
eH w
Tiozon’s defense is baseless. In the absence of an eyewitness, the prosecution proved his guilt
beyond reasonable doubt using circumstantial evidences, which met the criteria set by Rule 133, Sec. 5 of

o.
the Revised Rules of Court.
rs e
ou urc
RULING:

Tiozon is only guilty of homicide. There being no proof that accused-appellant had no license to
o

possess the firearm in question, he could not be convicted for illegal possession of a firearm. There is
aC s

unlawful possession under sec. 1 of PD 1866 if one does not have the license to possess the firearm. Even
v i y re

if he has the license, he cannot carry the firearm outside his residence without legal authority.

 PD 1866: 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
ed d

firearms, ammunition or explosives, and imposing stiffer penalties for certain violations thereof and
for relevant purposes
ar stu

 Section 1 of P.D. No. 1866 reads: SECTION 1. Unlawful Manufacture, Sale Acquisition, Disposition
or Possession of Firearms or Ammunition or Instruments Used or Intended to be Used in the
sh is

Manufacture of Firearms or Ammunition. — The penalty of reclusion temporal in its maximum period
to reclusion perpetua shall be imposed upon any person who shall unlawfully manufacture, deal in,
Th

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.

This study source was downloaded by 100000805259374 from CourseHero.com on 05-08-2021 23:11:40 GMT -05:00

https://www.coursehero.com/file/37685157/People-v-Tiozon-1991-Illegal-Possession-of-Firearmsdocx/
Powered by TCPDF (www.tcpdf.org)