Dear PAO, My uncle was shot dead while walking along the coastal area of our town in the province. The accused was later found guilty of murder.
We were, however, surprised when we found out that the decision did not include the liability of the accused for the use of an unlicensed firearm. Should the perpetrator be tried separately for the use of an unlicensed firearm? JoyDear Joy, To answer your question, we shall refer to Republic Act 10591, or the Comprehensive Firearms and Ammunition Regulation Act,” which states: “Section 29. Use of Loose Firearm in the Commission of a Crime .
“In view of the amendments introduced by RA 8294 and RA 10591, to Presidential Decree 1866, separate prosecutions for homicide and illegal possession are no longer in order. Instead, illegal possession of firearm is merely to be taken as an aggravating circumstance in the crime of murder. It is clear from the foregoing that where murder results from the use of an unlicensed firearm, the crime is not qualified illegal possession but, murder.
Of Loose Firearm In The Commission Of Crime
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