Practice question
Dario commits a felony without using the loose firearm that he separately unlawfully possesses. The prosecution proves the respective elements of both offenses. What does Section 29 of RA 10591 provide for this situation?
- The unused firearm automatically qualifies the felony.
- The firearm offense is always absorbed.
- The felony disappears in favor of illegal possession.
- The RA 10591 violation is a distinct and separate offense.
- Both offenses become lawful.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 14, 62 and 64.
- Revised Rules of Criminal Procedure, Rule 110 Sections 8–9, allegation of qualifying and aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
- RA 9165, Section 25, statutory qualifying aggravation: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/1435
- RA 10175, Section 6, ICT-qualified offenses and one-degree enhancement: https://lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html
- RA 10591, Sections 3(v) and 29, loose-firearm definition and penalty rules: https://lawphil.net/statutes/repacts/ra2013/ra_10591_2013.html
- Togado v People, G.R. No. 260973, August 6, 2024, en banc main decision, firearm evidence guidelines: https://lawphil.net/judjuris/juri2024/aug2024/gr_260973_2024.html
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