This case has been cited 1 times or more.
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2001-10-17 |
QUISUMBING, J. |
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| To sustain a conviction for violation of P.D. No. 1866, the prosecution must prove two elements of the offense: (1) the existence of the subject firearm; (2) the fact that the accused who owned or possessed the firearm does not have the corresponding license or permit to possess it.[65] These the prosecution did. It presented a .38 caliber revolver with serial number PO8445, a .45 caliber pistol with serial number PGO 13506 Para Ordinance, and a .45 caliber pistol with serial number 52469. The .38 caliber handgun was recovered from appellant Abriol, while the two .45 caliber automatics were found and seized from under the front passenger seat of appellants' vehicle. SPO4 Aquilles Famoso of the Cebu City PNP Metropolitan District Command's Firearms and Explosive Unit testified that appellants were not listed as licensed firearm owners in Cebu City.[66] The prosecution also presented a certification from P/Senior Inspector Edwin Roque of the Firearms and Explosives Division of PNP Headquarters at Camp Crame, Quezon City that appellant Abriol is not licensed to hold any firearm; that the .45 caliber pistols were unlicensed; and that a certification from the PNP Firearms and Explosives Office attesting that a person is not a licensee of any firearm, proves beyond reasonable doubt the second element of illegal possession of firearm.[67] | |||||