Murder and use of loose firearm
DearPAO,
The father of my employee was shot dead. After several years of waiting, the court had rendered judgment finding the perpetrator guilty of murder. But my employee is asking why the use of an unlicensed fire arm was not included so I can relay it to my employee.
MaryAnn
Dear Mary Ann,
To answer your question, we shall refer to Republic Act (RA) 10591 (An Act Providing for a Comprehensive Law on Firearms and Ammunition
Providing Penalties for Violations Thereof). Section 29 of RA 10591 provides that: “Section 29. Use of Loose Fire arm in the Commission of a Crime.–The use of a loose firearm, when inherent in the commission of a crime punishable under the Revised Penal
Code or other special laws, shall be considered as an aggravating circumstance: Provided, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is lower than that prescribed in the preceding section for illegal possession of firearm, the penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime charged: Provided, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is equal to that imposed under the preceding section for illegal possession of firearms, the penalty of prisionmayor in its minimum period shall be imposed in addition to the penalty for the crime punishable under the Revised Penal Code or other special laws of which he/she is found guilty. xxx” (Emphasis supplied)
The perpetrator cannot be convicted for two crimes. He may be criminally liable for use of loose firearm if no other crime is committed therewith. In this case, the perpetrator is guilty of murder, and the use of loose firearm shall be treated as an aggravating circumstance. It must be noted however, that the use
of loose firearm may be considered as an aggravating circumstance ONLY if such is specifically alleged in the information filed in court.
We hope that we were able to answer your query. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’ s note: Dear PA O is a daily column of the Public Attorney’ s Office. Chief A costa may besenttodearpao@manilatimes.net