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TEOFILO EVANGELISTA v. PEOPLE

This case has been cited 1 times or more.

2015-03-23
PERALTA, J.
The essential elements in the prosecution for the crime of illegal possession of firearms and ammunitions are: (1) the existence of subject firearm; and, (2) the fact that the accused who possessed or owned the same does not have the corresponding license for it.[11] The unvarying rule is that ownership is not an essential element of illegal possession of firearms and ammunition.[12] What the law requires is merely possession, which includes not only actual physical possession, but also constructive possession or the subjection of the thing to one’s control and management.[13]