G.R. No. 132878 . September 29, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDUARDO GUTIERREZ, accused-appellant.

FACTS

An information for violation of P.D. No. 1866 (Illegal Possession of Firearms and Ammunitions) was filed against accused-appellant Eduardo Gutierrez before the Regional Trial Court of Balanga, Bataan. After trial, he was found guilty beyond reasonable doubt of illegal possession of a U.S. Carbine, M1, Caliber .30 and sentenced to an indeterminate penalty. Petitioner appealed to the Court of Appeals. While the appeal was pending, R.A. No. 8294 , which amended P.D. 1866, was passed. The Court of Appeals affirmed the conviction but modified the penalty in view of R.A. No. 8294 , sentencing him to an indeterminate imprisonment of four (4) years, two (2) months and one (1) day of prision correctional, as minimum, to six (6) years and one (1) day of prision mayor, as maximum, and a fine. Petitioner filed a motion for reconsideration, which was denied. Petitioner now contends that the Court of Appeals erred in not classifying the firearm as low-powered under R.A. No. 8294 and imposing the corresponding lower penalty, submitting a certification from the Firearms and Explosives Unit of the PNP classifying it as low-powered.

ISSUE

Whether or not the Court of Appeals acted correctly in imposing upon petitioner a penalty of imprisonment of four (4) years, two (2) months and one (1) day of prision correccional to six (6) years and one (1) day of prision mayor, considering petitioner’s claim that the U.S. Carbine M1, Caliber .30 is a low-powered firearm under R.A. No. 8294 .

RULING

The petition is denied. The Court found the petition devoid of merit. It upheld the explanation of the Solicitor General that the U.S. Carbine M1, Caliber .30 is a high-powered firearm because it has an effective range of about 300 yards and is a gas-operated firearm with full or semi-automatic capability, capable of emitting two or three bullets in one squeeze of the trigger. Under R.A. No. 8294 , a firearm with a firing capability of full automatic and burst of two or three is considered high-powered, the illegal possession of which is punishable by prision mayor in its minimum period. The certification from the Firearms and Explosives Division of the PNP was not binding on the Court, as it was a mere general statement without a satisfactory explanation of its basis, did not establish the issuer as an expert, and was presented only after the case was decided, despite having had the opportunity to present it during trial.