Celino v. CA (2007) G.R. No.

170562
June 29, 2007 CARPIO MORALES, J.:
TOPIC IN SYLLABUS: Homicide
SUMMARY: Celino was accused of having in his possession an unlicensed assault rifle during the election period, without
having the proper authority from COMELEC. Two informations were filed against him: for violation of the gun ban
(elections) and for illegal possession of firearm. Though Celino pleaded NOT GUILTY as to the gun ban charge, he
filed a MtQ for the illegal possession of firearm charge his theory was that prosecution under ANY crime barred
prosecution for illegal possession of firearm. The RTC denied the MtQ, and the CA denied the petition for certiorari
filed by Celino assailing the denial of the MtQ. The SC denied the petition for certiorari filed by Celino.

DOCTRINE: When the other offense involved is one of those enumerated under R.A. 8294, any information for illegal
possession of firearm should be quashed because the illegal possession of firearm would have to be tried together with
such other offense, either considered as an aggravating circumstance in murder or homicide, or absorbed as an element
of rebellion, insurrection, sedition or attempted coup d'etat. Conversely, when the other offense involved is not one
of those enumerated under R.A. 8294, then the separate case for illegal possession of firearm should continue to be
prosecuted.

FACTS:
Celino was said to have in his possession an unlicensed armalite rifle colt M16 with 2 long magazines, each
loaded with 30 live ammunitions during the election period (15 Dec 2005 to 9 Jun 2006) w/o first having
obtained authority in writing from COMELEC.
Two separate informations were filed against Celino for violation for Sec. 2(a), COMELEC Reso. No. 6446 (gun
ban), and for violation of Sec. 1, par. 2 RA 8294 (illegal possession of firearm). [RTC of Roxas City]
o Prior to arraignment:
Illegal possession of firearm; Celino filed a Motion to Quash (MtQ).
According to Celino, he could NOT be prosecuted for illegal possession of firearms if
he was also charged of violating the COMELEC gun ban under the same set of facts.
o Arraignment
Gun ban: NOT guilty;
o Resolution of MtQ: RTC DENIED the MtQ filed by Celino vis--vis the illegal possession of firearm case.
(Basis: Margarejo v. Hon. Ecoses)
o Upon denial of a Motion for Reconsideration (MR), Celino filed a petition for certiorari before the CA.
CA: AFFIRMED the trial courts denial of the MtQ.
Hence, Celino filed a Petition for Certiorari before the SC.

ISSUES:
1. Was Certiorari a correct remedy? [NOTE: Procedural, irrelevant to Crim 2.]
2. Does mere accusation of having committed another crime bar prosecution for illegal possession of firearm?

HELD:
1. NO, Certiorari cannot be used as a substitute for lost appeal Certiorari only lies when there is no appeal nor any
plain, speedy and adequate remedy in the ordinary course of the law. Nothing in the current case warrants a liberal
application of the Rules, no justification was even proffered. (Technicality aside, the petition fails just the same.)

2. NO. What bars prosecution for illegal possession of firearm is conviction/confession for any other crime.
Bone of contention: interpretation of Sec. 1, RA 8294.1

1 SECTION 1. Section 1 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:

DODOT HOMICIDE
 Celino cited Agote v. Lorenzo, People v. Ladjaalam, similar cases to contend that the mere filing of an
information for gun ban violation against him necessarily BARS his prosecution for illegal possession of
firearms.
o Agote: (which was based on Ladjaalam) SC affirmed the accused conviction for gun ban violation but
exonerated him of the illegal possession of firearm charge because it cannot but set aside [accuseds]
conviction xxx for illegal possession of firearm since another crime was committed at the same time,
i.e. violation of COMELEC Reso. No. 2826 or the gun ban.
o Ladjaalam: A simple reading [of RA 8294] shows that if an unlicensed firearm is used in the commission
of any crime, there can be no separate offense of simple illegal possession of firearms. Hence, if the "other
crime" is murder or homicide, illegal possession of firearms becomes merely an aggravating
circumstance, not a separate offense. Since direct assault with multiple attempted homicide was
committed in this case, [the accused] can no longer be held liable for illegal possession of firearms.
The law is clear: the accused can be convicted of simple illegal possession of firearms, provided
that no other crime was committed by the person arrested. xxx Verily, where the law does not
distinguish, neither should we.
SolGen cited Margarejo v. Hon. Escoses and People v. Valdez to contend otherwise.
o Margarejo: SC affirmed the denial of a MtQ an information for illegal possession of firearm on the
ground that the other offense charged (violation of gun ban) is NOT one of those enumerated under RA
8294.
o Valdez: all pending cases involving illegal possession of firearm should continue to be prosecuted and
tried if no other crimes expressly indicated in RA 8294 are involved.
SC: Celinos reliance on Agote, Ladjaalam, Evangelista, Garcia, Pangilinan, Almeida, and Bernal MISPLACED.
o The word "committed" xxx necessarily implies a prior determination of guilt by final conviction resulting
from successful prosecution or voluntary admission.
o In each of these cases, the accused were exonerated of illegal possession of firearms because of their
commission AS SHOWN BY THEIRCONVICTION THEREFOR of another crime.
o CASE AT BAR: the proviso does NOT yet apply because Celino had only been accused of committing a
violation of the COMELEC gun ban accusation is NOT synonymous with guilt.
SC: Margarejo is more applicable.

DISPOSITIVE: WHEREFORE, the petition is DISMISSED.

"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 or Ammunition. " x x x.

"The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos (P30,000) shall be imposed if
the firearm is classified as high powered firearm which includes those with bores bigger in diameter than .38 caliber
and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser calibered firearms but considered powerful such as
caliber .357 and caliber .22 center-fire magnum and other firearms with firing capability of full automatic and by burst
of two or three: Provided, however, That no other crime was committed by the person arrested.

"If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be
considered as an aggravating circumstance.

"If the violation of this Section is in furtherance of or incident to, or in connection with the crime of rebellion or
insurrection, sedition, or attempted coup d'etat, such violation shall be absorbed as an element of the crime of
rebellion, or insurrection, sedition, or attempted coup d'etat.

xxxx

(Underscoring supplied)
DODOT HOMICIDE