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Showing 1–24 of 36 articles for “firearms”

Unlawful Possession of Firearms: What You Need to Know Under Philippine Law

The Supreme Court clarifies the rules on illegal possession of firearms under RA 10591, including penalties and the effect of acquittal in related drug cases.

Unlawful Arrests and Inadmissible Evidence: Protecting Constitutional Rights in Firearm Cases

Warrantless arrest based on a hearsay tip, without immediacy, makes seized firearms inadmissible and warrants acquittal.

Navigating Firearms Regulation in the Philippines: The Supreme Court's Ruling on RA 10591

The Supreme Court upheld most of RA 10591 but struck down the PNP's warrantless home inspection consent requirement for firearm license applicants.

Fruit of the Poisonous Tree: Illegal Arrests and Inadmissible Evidence in Firearms Cases

A buy-bust arrest later found illegal taints all seized evidence, including firearms. The Supreme Court explains the exclusionary rule.

Neglect of Duty in Court Clerks' Responsibility for Safekeeping Exhibits

Court clerks must safely keep exhibits in custodia legis. Learn from a Supreme Court ruling on simple neglect of duty for lost firearms.

Safeguarding Impartiality Upholding DUE Process IN Administrative Whistleblowing Cases

The Supreme Court acquits a man convicted of illegal firearm possession due to police failure to mark evidence at the place of seizure, establishing new guidelines for firearms cases.

When Eyewitness Testimony AND Unlicensed Firearms Determine Guilt IN Murder Cases

Possession Trumps Ownership: Upholding Conviction for Illegal Firearms Based on Control, Not Title

Philippine Supreme Court clarifies that illegal possession of firearms requires control, not ownership. Conviction upheld on constructive possession.

Treachery and Unlicensed Firearms: Defining Murder and Penalties in Philippine Law

The Supreme Court explains when a sudden, surprise shooting amounts to treachery for murder, and why using an unlicensed firearm can raise the penalty.

Mission Orders and Firearm Permits: Clarifying the Scope of Authority for NBI Agents

Understand the Supreme Court's ruling on when security guards and agents may bear firearms during election periods without COMELEC permits.

Treachery and Unlicensed Firearms Raise Murder Penalty in Philippine Law

Philippine Supreme Court ruling on how treachery and unlicensed firearms affect murder liability, penalties, and damages.

Mission Orders and Memorandum Receipts: When They Don't Replace a Firearms License

The Supreme Court clarifies that mission orders and memorandum receipts cannot substitute for a valid firearms license, even for confidential agents.

Double Jeopardy: When a Gun Ban Violation Precludes Illegal Possession Charges

The Supreme Court clarifies when a COMELEC gun ban violation bars a separate illegal possession of firearms charge under RA 8294.

When a Gun Ban Charge Does Not Bar Illegal Possession of Firearms: Celino v. Court of Appeals

The Supreme Court clarifies when a COMELEC gun ban charge prevents prosecution for illegal possession of firearms under R.A. 8294.

Firearms Possession When Does a Gun Ban Trump Illegal Possession Charges

The Supreme Court explains when Republic Act No. 8294 bars a separate conviction for illegal possession of firearms if another crime was committed.

Self-Defense, Unlawful Aggression, and Firearm Confiscation in Homicide Cases

Philippine Supreme Court clarifies self-defense requirements, unauthorized firearm use as aggravating circumstance, and rightful confiscation of licensed firearms.

Sheriffs Authority and Limits in Carrying Firearms During Writ Enforcement

Supreme Court ruling on sheriffs' duties, custody of seized goods, and limits of authority in enforcing search warrants.

When a Search Warrant Fails: Probable Cause in Illegal Firearm Cases

Philippine Supreme Court explains why a search warrant for illegal firearms was void—no probable cause on lack of license—and seized items inadmissible.

Treachery Defined: How Sudden Attack Establishes Guilt Beyond Reasonable Doubt in Murder Cases

The Supreme Court explains treachery as sudden, unexpected attack and clarifies rules on unlicensed firearms, penalties, and damages in murder cases.

Treachery and Unlicensed Firearms: Navigating Murder and Frustrated Murder Convictions

The Supreme Court clarifies treachery, unlicensed firearm aggravating circumstances, and penalties in murder and frustrated murder cases.

Guilt Beyond Doubt: Circumstantial Evidence and Illegal Firearms in Murder Conviction

How the Supreme Court upheld a murder conviction based on circumstantial evidence and illegal firearms possession under PD 1866.

Illegal Possession of Firearms: Essential Elements and Double Jeopardy Explained

Understand the essential elements of illegal possession of firearms under PD 1866, as amended by RA 8294, and when double jeopardy applies.

Upholding Workplace Conduct: Carrying Firearms in the Hall of Justice and Employee Rights

The Supreme Court rules on a court employee carrying a firearm in the Hall of Justice, finding misconduct and oppression while protecting employee rights.

Vindication and Unlicensed Firearms: When Personal Offense Mitigates Murder

The Supreme Court clarifies how a grave personal offense can mitigate murder and how unlicensed firearms affect sentencing.