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Illegal Possession of Firearms

The essential elements of the crime of illegal possession of firearms are: 1) the existence of the firearm and 2) the fact that the accused does not have a license for the firearm. Ownership of the firearm is not required. Constructive possession, such as having the firearm under one's control or management, is sufficient. The prosecution has the burden to prove both elements beyond reasonable doubt. Specifically, the prosecution must prove that the accused was not licensed to possess the firearm.

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3K views3 pages

Illegal Possession of Firearms

The essential elements of the crime of illegal possession of firearms are: 1) the existence of the firearm and 2) the fact that the accused does not have a license for the firearm. Ownership of the firearm is not required. Constructive possession, such as having the firearm under one's control or management, is sufficient. The prosecution has the burden to prove both elements beyond reasonable doubt. Specifically, the prosecution must prove that the accused was not licensed to possess the firearm.

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Ryan Acosta
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Illegal Possession of Firearms

Elements of Illegal Possession of Firearms

The essential elements in the prosecution for the crime of illegal possession
of firearms and ammunitions are: (1) the existence of subject firearm; and,
(2) the fact that the accused who possessed or owned the same does not have
the corresponding license for it. [Arnulfo v. People, G.R. No. 184355,
March 23, 2015]

The unvarying rule is that ownership is not an essential element of illegal


possession of firearms and ammunition. [Arnulfo v. People, G.R. No.
184355, March 23, 2015]

What the law requires is merely possession, which includes not only actual
physical possession, but also constructive possession or the subjection of the
thing to one’s control and management. [Arnulfo v. People, G.R. No.
184355, March 23, 2015]

SAMPLE CASE on how to establish lack of authority to possess firearm

The existence of the seized firearm and the ammunitions was established
through the testimony of PO3 Sarte. There was an inventory of the items
seized which was made in the presence of the petitioner and the three
barangay tanods who all voluntarily signed the inventory receipt. PO3 Sarte
identified all the seized items in open court.

Petitioner's lack of authority to possess the firearm was established by the


testimony of Police Officer IV Dionisio V. Sultan, Chief Clerk of the
Firearms and Explosive Division of the Philippine National Police-Visayas
(FED-PNP- Visayas) that petitioner is not licensed to possess any kind of
firearm or ammunition based on the FED-PNP master list.

ANIMUS POSSIDENDI

It was convincingly proved that petitioner had constructive possession of the


gun and the ammunitions, coupled with the intent to possess the same.
Petitioner's act of immediately rushing from the living room to the room
where SPO2 Abellana found a calibre .45 and grappled with the latter for the
possession of the gun proved that the gun was under his control and
management. He also had the animus possidendi or intent to possess the gun
when he tried to wrest it from SPO2 Abellana.

Section 28, RA 10591. Unlawful Acquisition, or Possession of Firearms and


Ammunition. – The unlawful acquisition, possession of firearms and ammunition
shall be penalized as follows:

(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;

Elements of Illegal Possession of Firearms and/or Ammunitions

Indeed, the rule is well settled that in cases of Illegal Possession of Firearms, two
(2) things must be shown to exist: (a) the existence of the firearm, and (b) the fact
that it is not licensed. However, it should be noted that in People v. Ramos, citing
People v. Gy Gesiong, this Court ruled: ". . . Even if he has the license, he cannot
carry the firearm outside his residence without legal authority therefor."
[Advincula v. CA, G.R. No. 131144, October 18, 2000.]

People v. Ramos, G.R. Nos. 101804-07, 25 May 1993, 222 SCRA 557; People v.
Arce, G. R. Nos. 101833-34, 26 October 1993, 227 SCRA 406; People v.
Luwalhati, G.R. Nos. 105289-90, 21 July 1994, 234 SCRA 327

Corpus Delicti

The corpus delicti in the crime of illegal possession of firearms is


the accused's lack of license or permit to possess or carry the firearm, as
possession itself is not prohibited by law. To establish the corpus delicti, the
prosecution has the burden of proving that the firearm exists and that the
accused who owned or possessed it does not have the corresponding license or
permit to possess or carry the same. [Villanueva v. People, G.R. No. 159703,
March 3, 2008.]

Proof that there was no license for the firearm/ammunition – Burden


Upon the Prosecution

People vs. Pajenado, G.R. Nos. L-27680-81 February 27, 1970:

It is true that People vs. Lubo, 101 Phil. 179 and People vs. Ramos, 8 SCRA 758
could be invoked to support the view that it is incumbent upon a person charged
with illegal possession of a firearm to prove the issuance to him of a license to
possess the firearm, but We are of the considered opinion that under the provisions
of Section 2, Rule 131 of the Rules of Court which provide that in criminal cases
the burden of proof as to the offense charged lies on the prosecution and that a
negative fact alleged by the prosecution must be proven if "it is an essential
ingredient of the offense charged," the burden of proof was with the
prosecution in this case to prove that the firearm used by appellant in
committing the offense charged was not properly licensed.

It cannot be denied that the lack of absence of a license is an essential


ingredient of the offense of illegal possession of a firearm. The information
filed against appellant in Criminal Case No. 3558 of the lower court (now
G.R. No. 27681) specifically alleged that he had no "license or permit to
possess" the .45 caliber pistol mentioned therein. Thus it seems clear that it
was the prosecution's duty not merely to allege that negative fact but to prove
it.

Authority to Issue a License under RA 10591

Section 8, RA 10591. 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 12, RA 10591. 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.

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