G.R. No. L-4835 October 29, 1952
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANDRES GARCIA, defendant-appellant.

FACTS

The appellant, Andres Garcia, was convicted by the Court of First Instance of Samar for illegal possession of a firearm and ammunition and sentenced to imprisonment for 5 to 10 years. On the morning of February 10, 1951, Garcia appeared before municipal policeman Donato Pantaleon at the municipal building of Catbalogan, Samar, and surrendered a carbine, a magazine, and four rounds of ammunition. Upon surrendering these items, Garcia admitted to the policeman that he had used the firearm to shoot one Victorio Abobo.

ISSUE

Whether the appellant can be validly convicted for illegal possession of a firearm and ammunition under Republic Act No. 482, considering that he voluntarily surrendered the items and was not caught in the act of using or carrying them at the time of surrender.

RULING

Yes, the conviction is valid. The Supreme Court rejected the appellant’s argument that under Section of Republic Act No. 482, a possessor of an unlicensed firearm is criminally liable only if “found, within the aforementioned period of time, making use of said firearm and ammunition or carrying them on his person except for the purpose of surrendering them.” The Court held that the law’s provision allowing surrender within a fixed period aimed to prevent the use of such firearms in the interim. Therefore, the phrase “found… making use of said firearm and ammunition” must be construed to include cases where it is proven that the unlicensed firearm or ammunition was used at any time within the one-year period specified by the law. The Court also dismissed the appellant’s claim that his prior conviction for homicide (using the same firearm) barred this prosecution for illegal possession, stating that the illegal possession of the firearm was a distinct act from the homicidal act. The appealed decision was affirmed.