G.R. No. L-5843, March 25, 1911
THE UNITED STATES vs. CANUTO GUSTILO

FACTS

The defendant, Canuto Gustilo, was previously convicted and sentenced in Criminal Case No. 1360 for illegal possession of a shotgun under Act No. 1780 . He pleaded guilty and paid a fine. Subsequently, he was charged in the present case (Criminal Case No. 1361) for illegal possession of a Colt’s revolver. The prosecution admitted that both firearms were possessed by Gustilo during the same period, kept in the same house and room, and were seized by authorities simultaneously in a single act. Gustilo pleaded former jeopardy, arguing that his possession of both firearms constituted only one criminal act.

ISSUE

Whether prosecuting a person for illegal possession of multiple firearms seized at the same time and place constitutes double jeopardy, thereby violating the constitutional prohibition against being twice put in jeopardy for the same offense.

RULING

Yes. The Supreme Court affirmed the trial court’s dismissal of the case, upholding the plea of former jeopardy. The Court ruled that the simultaneous possession of multiple firearms, under the circumstances, constitutes a single criminal act driven by a single criminal intent or volition. Prosecuting the defendant separately for each firearm would violate the constitutional guarantee against double jeopardy, as embodied in the Philippine Bill of Rights and Article 89 of the Penal Code. The offense defined by the law is the illegal possession of firearms, not the illegal possession of each firearm. Therefore, where all firearms are possessed at the same time and place, only one punishable act is committed.