People vs.

Ladjaalam

Facts:
Ladjaalam was charged with four informations by the RTC. Among the four charges were multiple
attempted murder with direct assault and illegal possession of Firearms and ammunition.

Ladjaalam was arrested pursuant to a search warrant. During the search, When the policemen were
about 10 meters from the main gate of the house, The appellant fired gunshots (M14 rifle) towards
them. Ladjaalam was at the second floor of the house, when some raiding team chased after him.
They saw some live ammunitions and M14 rifles at the sofa. Ladjaalam jumped through the window
of the bedroom. He was caught after a brief chase at the back of his house.

Issue: Won Apellant is liable for the illegal possession of Firearms as a separate offense on multiple
homicide with direct assault.

SC: NO.
When the crime was committed the original language of PD 1866 had already been expressly
superseded by RA 8294 which took effect on July 6, 1997. In other words, no longer in existence was
the earlier provision of PD 1866, which justified a conviction for illegal possession of firearms
separate from any other crime. It was replaced by RA 8294 which, among other amendments to PD
1866, contained the specific proviso that "no other crime was committed."

The law is clear: the accused can be convicted of simple illegal possession of firearms, provided that
"no other crime was committed by the person arrested." If the intention of the law in the second
paragraph were to refer only to homicide and murder, it should have expressly said so, as it did in the
third paragraph. Verily, where the law does not distinguish, neither should we.