Supreme Court decision · Criminal Law

People of the Philippines v. Bacani

G.R. No. L-35960 · Promulgated January 31, 1983

In brief

This case is about the prosecution for carrying firearms without licenses during the election period under Republic Act No. 6388 and the related judicial dismissal and appeal.

Firearm License, Election Period, Motion to Quash, Double Jeopardy, Criminal Case Dismissal

Related cases

G.R. Nos. L-47675-76 People v. Domen (Previous decision in Criminal Law)
G.R. No. L-34105 People v. Cabural (Next decision in Criminal Law)

Full text

Republic of the Philippines
SUPREME COURT
Manila

FIRST DIVISION
G.R. No. L-35960 January 31, 1983

PEOPLE OF THE PHILIPPINES,
petitioner,
vs. HON. ANGEL P. BACANI, et al., respondent. R E S O L U T I O N

G.R. No. L-35960 (People of the Philippines vs. Hon. Angel P. Bacani, et al.). Appellant-Petitioner of the Philippines appeals from the order of the respondent Judge dated September 12, 1972, dismissing Criminal Case No. U-0281, entitled "People of the Philippines vs. Artemio Saldivar and Manuel Esperanza" for a violation of Section 68, Republic Act No. 6388 and from his order dated October 10, 1972, denying its motion for reconsideration of the said dismissal order.

The law makes it unlawful for any person, although possessing firearm licenses or special permits, to carry any firearm outside his residence or place of business during the period beginning ninety days before election and ending thirty days thereafter, except upon prior written approval of the Commission on Elections. Private respondents-appellees Artemio Saldivar and Manuel Esperanza were caught carrying unlicensed firearms during the period covered by the prohibition. They move to quash the information on the ground that the law does not include the carrying of unlicensed firearms. Respondent Judge granted the motion and denied petitioner-appellant's motion for reconsideration. Hence, this appeal

Considering that the phrase in Section 68 of Republic Act No. 6388, "although possessing firearm licenses or special permits" serves to emphasize that unlicensed firearms is liable for prosecution for illegal possession of firearms under Section 2692 of the Revised Administrative Code of Republic Code and may, likewise, be prosecuted under Section 68 of Republic Act No. 6388 without placing him in double jeopardy, since the violations are distinct offenses punishable by different laws, although arising from the same act, the Court Resolved. (a) to REVERSE na SET ASIDE the appealed orders, and (b) to REMAND this case to the Court a quo for further proceedings.