Disposition of Firearms, Ammunitions or Explosives (P.D.

1866, as amended by RA8294)

[G.R. No. 142675. July 22, 2005]

VICENTE AGOTE Y MATOL, petitioner, vs. HON. MANUEL F. LORENZO, Presiding Judge, RTC, Branch 43, Manila and
PEOPLE OF THE PHILIPPINES, respondents.

Facts of the Case:

Petitioner Vicente Agote was charged to have violated Presidential Decree No. 1866 (Illegal Possession of Firearms) and
COMELEC Resolution No. 2826 (Gun Ban) for having in possession one (1) .38 cal. Rev. with four (4) live bullets in a
public place during the election period without having secured the necessary license and authority from the COMELEC.

During the pendency of the case, Republic Act No. 8294 was approved into law. Eventually, the trial court rendered
judgment of conviction in both cases wherein separate penalties were imposed respectively. For the crime of illegal
possession of firearms in Crim. Case No. 96-149820, he was sentenced to suffer a prison term ranging from ten (10)
years and one (1) day of prision mayor, as minimum, to (18) eighteen years, eight (8) months and one (1) day of
reclusion temporal, as maximum, in accordance with P.D. No. 1866, and to a prison term of one (1) year in Crim. Case
No. 96-149821 (violation of the COMELEC Resolution on gun ban).

Petitioner moved for reconsideration, claiming that the penalty for illegal possession of firearms under P.D. No. 1866
had already been reduced by the subsequent enactment of Republic Act No. 8294, which the trial court subsequently
denied. He then filed a petition before the Court of Appeals which was docketed as CA-G.R. SP No. 2991-UDK, but was
likewise dismissed.

Issue:

1) Whether or not Republic Act No. 8294 should be applied retroactively.

2) Whether or not such use of an unlicensed firearm shall be considered as a special aggravating circumstance.

Held:

(1) Yes. Although it was stated under Section 2 of Rule 45 of the Rules of Court that the time of filing of petition in the
appellate court should be within 15 days only, the Court has the power to suspend procedural rules in the exercise of its
inherent power. Procedural rules may be relaxed or suspended in the interest of substantial justice.

In view of the enactment of RA No. 8294, if an unlicensed firearm is used in the commission of any crime, for this
instance a violation of COMELEC Resolution No. 2826 on gun ban, there can be no separate offense of simple illegal
possession of firearms. Hence, Criminal Case No. 96-149820 for illegal possession of firearms was hereby DISMISSED
while the judgment of conviction in Criminal Case No. 96-149821 for violation of COMELEC Resolution No. 2826 in
relation to Rep. Act No. 7166 (Gun Ban), was AFFIRMED.

Since Agote had already served more than the penalty imposed upon him by the trial court in Criminal Case No. 96-
149821, his immediate release from custody was hereby ORDERED unless detained for some other lawful cause.