Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 111 of 11 articles for illegal-possession-of-firearm

Plain View Doctrine Upholds Warrantless Seizure in Illegal Firearm Possession

The Supreme Court affirms that a firearm seen tucked in a suspect's waist during a lawful police response falls under the plain view doctrine.

Reasonable Doubt Prevails When Lone Witness Testimony Fails to Convict

Supreme Court acquits accused of illegal firearm possession where prosecution relied solely on a compromised lone witness, underscoring proof beyond reasonable doubt.

Unlawful Arrest Invalidates Firearm Possession Charge When Search Is Illegal

A traffic violation does not justify warrantless arrest or search. The Supreme Court acquits in Mendoza v. People.

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.

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.

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.

When Courts Can Overturn the Justice Secretary in Firearm Cases: Due Process Explained

The Supreme Court clarifies when courts may—and may not—set aside the Justice Secretary's ruling in illegal possession of firearms cases.

Unlicensed Firearm Use in Homicide: Navigating Philippine Law After RA 8294

The Supreme Court clarifies that under RA 8294, using an unlicensed firearm in a killing is an aggravating circumstance, not a separate crime.

Unlicensed Firearm in Homicide: How Philippine Law Treats Illegal Gun Use in Murder Cases

Philippine Supreme Court explains how R.A. 8294 changed the treatment of unlicensed firearms used in murder cases.

Eyewitness Testimony and Self-Defense: Lessons from People v. Rosales

The Supreme Court explains when eyewitness testimony prevails over self-defense claims and how courts assess treachery in Philippine criminal cases.