17 kirsten Hence in the case at bar although the appellant himself admitted

17 kirsten hence in the case at bar although the

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[17] kirsten Hence, in the case at bar, although the appellant himself admitted that he had no license for the gun recovered from his possession, his admission will not relieve the prosecution of its duty to establish beyond reasonable doubt the appellant's lack of license or permit to possess the gun (2) NO. P.D. 1866, which codified the laws on illegal possession of firearms, was amended on June 6, 1997 by Republic Act 8294. Aside from lowering the penalty for said crime, R.A. 8294 also provided that if homicide or murder is committed with the use of an unlicensed firearm, such use shall be considered as a special aggravating circumstance. [7] This amendment has two (2) implications: first, the use of an unlicensed firearm in the commission of homicide or murder shall not be treated as a separate offense, but merely as a special aggravating circumstance; second , as only a single crime (homicide or murder with the aggravating circumstance of illegal possession of firearm) is committed under the law, only one penalty shall be imposed on the accused. [ Based on the facts of the case, the crime for which the appellant may be charged is homicide, aggravated by illegal possession of firearm, the correct denomination for the crime, and not illegal possession of firearm, aggravated by homicide as ruled by the trial court, as it is the former offense which aggravates the crime of homicide under the amendatory law. 49. People vs. Reynaldo Cruz, GR No. 76728, 03 August 1988 (ownership not necessary in illegal poss.) Facts: Acting upon an information that a stolen car was to be sold somewhere in Magalanes, Makati, the CRIG team nabbed Romeo Fernandez and Joey Flores at the intersection of EDSA and Timog Street and brought them to headquarters. The two disclosed that other members of the carnap gang were waiting in 61 Mabituan Street, Masambong, Quezon City for their shares of the proceeds from the sale of a vehicle. The team went there and in an apartment owned by the appellant’s sister, saw the appellant sleeping on the floor with his gangmates. The team also found a clutch bag containing a caliber .38 paltik revolver, one (1) live ammunition and a hand grenade under a bar, located one (1) meter away from the slumbering appellant. After waking him up, sgt. Reynaldo Cachuela confronted him at once with these exhibits. Appellant, in the presence of all the eight-man CRIG team and gangmates admitted ownership of the bag, firearm, bullet and grenade. The team arrested appellant and the rest of his group, as well as confiscated the items of the crime. Lilian Lauron of the Legal Research Branch of the Firearms and Explosives Unit, Camp Crame, Quezon City, in answer to a police inquiry, made a thorough check of her records and determined that appellant Reynaldo Cruz y Santos of No. 40 Sto. Cristo, Balintawak, Quezon City was not a licensed holder of caliber .38 paltik revolver. As to hand grenades, she declared that only military personnel were authorized to carry them. The accused, upon the other hand, denied ownership or possession of the firearm and hand grenade, as well as the bag which contained the same. Thus, the RTC was charged with
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