No Jail Time for Violation of Comelec Gun ban
Everyone should be aware of the recent case of IGMIDIO MADRIGAL vs. People of the Philippines, 13 August 2008 (read it here:http://sc.judiciary.gov.ph/jurisprudence/decisions/index.php).
In that case, Madrigal was caught with a .38 revolver during the Comelec Gun Ban. He was charged with both illegal possession of firearms and violation of the Comelec Gun Ban. After trial, he was convicted of both offenses. On appeal, the Court of Appeals affirmed his conviction. Madrigal then appealed to the Supreme Court.
The Supreme Court ACQUITTED him of the charge of Illegal possession of firearms since section 1 of PD 1866 as amended by RA 8294 stated that a person could only be charged with illegal possession of firearms PROVIDED THAT NO OTHER CRIME WAS COMMITTED. Consequently, since Madrigal had also simultaneously committed a violation of the Comelec Gun Ban (Omnibus Election Code), then he could not anymore be charged with illegal possession of firearms under PD 1866 as amended by RA 8294. So the penalty imposed upon Madrigal was only for violation of the gun ban which was only 1-3 years imprisonment.
These are the implications of this Decision:
1. A penalty of 1-3 years imprisonment is subject to PROBATION, i.e., no jail time. (you will just be released and be required to report to a probation officer for a certain period). So it follows that what the Supreme Court ruled was that ANYONE CAUGHT WITH A FIREARM WHETHER LICENSED OR NOT DURING THE COMELEC ELECTION GUN BAN WILL NEVER GO TO JAIL! :-))
2. If you want to violate the election gun ban It pays to carry an UNLICENSED FIREARM. Whether you are caught carrying an unlicensed firearm or licensed firearm during election peiod, the penalty IS THE SAME 1-3 years imprisonment, no jail time.
3. It pays to carry LARGER CALIBER WEAPONS during election gun ban period. Whether you are caught carrying a .22 pen gun or a 90mm bazooka, THE PENALTY IS THE SAME.
The implications of this Supreme Court Ruling are simple: NO JAIL TIME FOR VIOLATION OF ELECTION GUN BAN.
Note: The mention of Unlicensed firearm is for academic discussion purposes only. No one is encouraged to carry an unlicensed firearm, whether during Comelec gun ban period or not.
If your caught?
I'm not implying to do the same take note...but we could not evade as some of out brother's in arms are threatend but carry with risk of getting caught by Leo's....
If caught and you presented these supreme court decisions...in your own views what will be the outcome?...were just speculating here, at lease we have areas to consider if...?
comelec gun ban
pakibasa po ng mabuti ang comelec law. even if below 6yrs 1day and penalty, the law specifically provide that the convicted person will serve time. special law po it, kaya nga kahit below 6y1d ang penalty, sa regional trial court and jurisdiction.
at least yung illegal possession of low powered firearm, probationable pa, yung comelec gun ban violation hindi po probationable by specific mandate of the law itself
Arrest?
What matters is the end result. Assuming that the police and even the inquest prosecutor are ignorant of this case, eventually it will come out somehow. So while there may be some confusion at the lower level, eventually more knowledgeable people at the top will know.
nbi record
sir,
from the case of madrigal vv pp,
what is the criminal record of madrigal in the list of NBI
particularly the nbi clearance.
thank you
NBI record query
Anyone who is charged with any crime in court will always have an NBI record, regardless of whether the case is later dismissed or her is acquitted. As long as the charge is filed in court, it is appear and remain the NBi records.
tnx for sir fallujah
thank you for the reply to my query
LICENSED FIREARM INSIDE MY OWN VEHIKE WITHOUT PTC
Is it legal to carry my sun .45 and bushmaster m4 inside my vehicle without PTC.
No
No. You vehicle is not an extension of your house. You still need a PTCFOR
how can i distinguish a valid
how can i distinguish a valid authenticated LTP ID card???
how can I distinguish a valid
I suppose what you meant was how can you distinguish a valid license to possess from a fake one?
If thats your query the LTPs have a new look, they look like PNP IDs, very much different from its old design. As to its validity, it has to be validated with the records of the FED. Pero kung purposes naman ng frisking, for example, you were flagged down during a checkpoint and you were asked if you have a firearm and you yielded a positive answer. You will surely be asked to present your PTCFOR and LTP or FLC pero hanggang doon na lang yun. The police officer cannot apprehend you or ask you to go to the station for purposes of verification because the ptcfors and ltps or flcs are public document which carries with it a presumption of regularity in its issuance and/or due execution. Maliban na lamang kung nakagawa ka ng ibang krimen at nagamit mo ang baril, pwede kang isama sa istasyon upang i verify ang ptcfor at ltp mo.
how can i distinguish a valid
how can i distinguish a valid authenticated LTP ID card???
from what? from a fake one or
from what? from a fake one or from one which is not authenticated? or perhaps what you meant was how do you recognize a valid Licence to Possess ID Card?
comelec gun ban
hindi po probationable ang violation ng comelec gun ban, the law itself mandates that the convict will serve time