High Court admits law on firearms is defective

The Supreme Court recently admitted that the existing law on firearms is defective but it cannot do anything yet to correct such defects but apply it as part of jurisprudence.

Section 1 of Republic Act 8294, the law that amended Presidential Decree 1866, or the firearms law, provides that a person accused of illegal possession of firearms might be acquitted of the charge if he committed other crime during his arrest and was separately charged for it.

"The Court's hands are now tied and it cannot supply the perceived deficiency...which had always leaned in favor of the accused," the SC said, adding that only Congress could remedy such deficiency by proper amendment.

The old provision of the law prohibits the carrying of unlicensed firearms with a penalty of 17 to 20 years' imprisonment. After RA 8294 amended that law, the penalty for such offense was reduced to only four to six years' imprisonment.

Besides the penalty reduction, RA 8294 further states that the accused can only be convicted of illegal possession of firearms "provided, that no other crime was committed."

The SC justices said, "The plain meaning of RA 8294's simple language is most favorable to the appellant. Verily, no other interpretation is justified."

Such law provides the accused an opportunity to evade conviction for illegal possession of firearms by using the gun in committing an even lighter offense, like alarm and scandal or slight physical injuries, which are punishable by a month imprisonment only.

The ruling came over a case against Vicente Agote, who was arrested by policemen in Manila on April 27, 1996 while in possession of an unlicensed .38 cal. revolver with four live bullets.

It said: "The SC has ruled in previous cases that in view of the enactment of RA 8294, there can be no separate offense of illegal possession of firearms and ammunition if there is another crime committed, such as in this case."

Policemen arrested Agote for having a gun during election period so he was charged for violation of the Comelec gun ban, besides the charge for illegal possession of firearm.

The Regional Trial Court convicted him to 18 years for illegal possession of firearms and one year for Comelec gun ban violation.

The case went to the SC, which in turn had to reduce the penalty but not to free him from liability. The SC said it has to implement the correct interpretation of the law.

The SC records showed that there were many people who were convicted by the lower courts for illegal possession of firearms, but were ordered released by the High Tribunal because they committed another crime at the time of their arrests.

Actor Robin Padilla - who actively campaigned for former president Fidel Ramos in the elections, was one of those who benefited from RA 8294. He was convicted for illegal possession of firearms and reckless driving, but was ordered released before the end of his prison term. - Rene U. Borromeo