People vs.

Ladjaalam
December 24, 2012 by Lagangang Butas

People vs. Ladjaalam G.R. Nos. 136149-51. September 19, 2000 Appellee: People of the Philippines Appellant: Walpan Ladjaalam alias Warpan Ponente: J. Panganiban FACTS: Four Informations were filed against appellant Walpan Ladjaalam in the Regional Trial Court (RTC) of Zamboanga City (Branch 16), three of which he was found guilty, to wit: 1) maintaining a drug den in violation of Section 15-A, Article III, of Republic Act No. 6425 (Dangerous Drugs Act of 1972); 2) illegal possession of firearm and ammunition in violation of Presidential Decree No. 1866 as amended by Republic Act. No. 8294; and 3) direct assault with multiple attempted homicide. The following information was provided by the prosecution: 1) In the afternoon of September 24, 1997, more than thirty (30) policemen proceeded to the house of appellant and his wife to serve the search warrant when they were met by a volley of gunfire coming from the second floor of the said house. They saw that it was the appellant who fired the M14 rifle towards them. 2) After gaining entrance, two of the police officers proceeded to the second floor where they earlier saw appellant firing the rifle. As he noticed their presence, the appellant jumped from the window to the roof of a neighboring house. He was subsequently arrested at the back of his house after a brief chase. 3) Several firearms and ammunitions were recovered from appellants house. Also found was a pencil case with fifty (50) folded aluminum foils inside, each containing methamphetamine hydrochloride. 4) A paraffin test was conducted and the casts taken both hands of the appellant yielded positive for gunpowder nitrates. 5) Records show that appellant had not filed any application for license to possess firearm and ammunition, nor has he been given authority to carry firearms. ISSUE: Whether or not such use of an unlicensed firearm shall be considered as an aggravating circumstance. HELD: No. Section 1 of RA 8294 substantially provides that any person who shall unlawfully possess any firearm or ammunition shall be penalized, unless no other crime was committed. Furthermore, if homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance. Since the crime committed was direct assault and not homicide or murder, illegal possession of firearms cannot be deemed an aggravating circumstance.