In Pablo Margarejo, et al. vs. Hon. Adelardo Escoses, et al., the Supreme Court addressed whether the non-commission of another crime is an essential element of illegal possession of firearms and whether pending COMELEC investigation deprives the City Prosecutor of authority to file an information. The Court ruled that the non-commission of another crime is not an element of the offense, but rather an exception under Republic Act No. 8294. It also clarified that the COMELEC’s authority to prosecute election offenses does not preclude deputized prosecutors from filing informations. This decision clarifies the scope of illegal possession of firearms charges and prosecutorial authority in the Philippines.

Firearms, Elections, and the Prosecutor’s Power: A Case of Quashed Hopes

This case arose from the interception of two vehicles in Puerto Princesa City, during an election period, which contained several firearms and ammunition. Petitioners Pablo Margarejo, Martin Pagaduan, Bernard Zambales, Victor Dulap, and Lolito Almoite were subsequently charged with violation of Presidential Decree No. 1866 (illegal possession of firearms) and COMELEC Resolution No. 3045 (carrying firearms during election period) in relation to Section 261 of the Omnibus Election Code. The petitioners sought to quash the informations, arguing that the charge of illegal possession of firearms was deficient for not alleging the non-commission of another crime, and that the City Prosecutor lacked the authority to file the election offense case given the COMELEC’s ongoing investigation.

The central legal question revolved around interpreting Republic Act No. 8294, which amended Presidential Decree No. 1866, and the scope of the COMELEC’s authority to prosecute election offenses. The petitioners contended that the prosecution must specifically allege that ‘no other crime was committed’ for a charge of illegal possession of firearms to stand. This interpretation suggests that the absence of this allegation renders the information insufficient to constitute an offense. The petitioners also argued that since the COMELEC was already conducting a preliminary investigation, the City Prosecutor’s office was divested of its authority to file the information.

The Supreme Court disagreed with the petitioners’ interpretation of Republic Act No. 8294. The Court clarified that the amendatory law did not add any element to the crime of illegal possession of firearms. Instead, it provided an exception: an accused would be excused from prosecution for illegal possession of firearms if another crime, specifically murder, homicide, rebellion, insurrection, sedition, or attempted coup d’état, was committed. Justice Buena, writing for the Court, cited People vs. Valdez, explaining that prosecutions for illegal possession of firearms would continue if no other enumerated crimes under R.A. 8294 concur. Since the charge for violation of COMELEC Resolution No. 3045 did not fall under the exceptions listed in R.A. 8294, the Court held that the information for illegal possession of firearms was valid.

“Contrary to what they point out, the amendatory law (Republic Act No. 8294) does not add to the existing elements of the crime of illegal possession of firearms. What it does is merely to excuse the accused from prosecution of the same in case another crime is committed.”

The Court also addressed the petitioners’ claim of double jeopardy. The Court emphasized that double jeopardy had not yet attached because the petitioners had not been arraigned in either case. The requirements for double jeopardy to apply are (1) a valid indictment, (2) a competent court, (3) arraignment, (4) a valid plea, and (5) conviction, acquittal, or dismissal without the accused’s express consent. Since the last three requisites were absent, the Court found no basis for the double jeopardy argument.

Regarding the COMELEC’s authority, the Court acknowledged the COMELEC’s exclusive power to investigate and prosecute election offenses under the Omnibus Election Code. However, it noted that this authority is subject to a “continuing delegation” to other prosecution arms of the government, such as the City Prosecutor. The 1993 COMELEC Rules of Procedure explicitly grant the Chief State Prosecutor, Provincial and City Fiscals, and their assistants the authority to conduct preliminary investigations and prosecute election offenses, unless such authority is revoked by the COMELEC. In this case, no such revocation had occurred, allowing the City Prosecutor to proceed with the information.

Furthermore, the Court noted that the COMELEC had deferred further investigation of the election offense, which principally involved the disqualification of a former governor. This fact further justified the City Prosecutor’s continued prosecution of Criminal Case No. 14354. This demonstrates the balance of power and shared responsibility in prosecuting offenses related to both firearms and election laws.

Finally, the Court addressed the issue of the allegedly unlawful search and seizure of the firearms. The petitioners argued that the police checkpoint was unauthorized, rendering the evidence inadmissible. The Court declined to resolve this issue without a full trial, emphasizing that questions of fact are not permitted under Rule 65 of the Rules of Court. The Court underscored that its inquiry was limited to determining whether the respondent judge acted without or in excess of jurisdiction. The Court found no evidence of grave abuse of discretion in the respondent’s refusal to quash the informations.

FAQs

What was the key issue in this case?	The key issue was whether the trial court committed grave abuse of discretion in denying the motions to quash the informations for illegal possession of firearms and violation of election laws. This involved interpreting the elements of illegal possession of firearms under R.A. 8294 and the scope of COMELEC’s prosecutorial authority.
Is it necessary to allege the non-commission of another crime in an information for illegal possession of firearms?	No, the non-commission of another crime is not an essential element of the offense itself. Rather, it is an exception under R.A. 8294 that excuses the accused from prosecution for illegal possession of firearms if another specific crime, like murder or rebellion, was committed.
Does COMELEC have exclusive authority to prosecute election offenses?	While COMELEC has the exclusive power to investigate and prosecute election offenses, this authority is subject to a continuing delegation to other prosecution arms of the government. City Prosecutors and their assistants are deputized to conduct preliminary investigations and prosecute election offenses unless COMELEC revokes their authority.
What are the elements of double jeopardy?	For double jeopardy to apply, there must be a valid indictment, a competent court, arraignment, a valid plea, and a conviction, acquittal, or dismissal without the accused’s express consent. All these elements must be present for the constitutional protection against double jeopardy to be invoked.
Why did the Supreme Court refuse to rule on the legality of the search and seizure?	The Court declined to rule on the legality of the search and seizure because questions of fact are not permitted under Rule 65 of the Rules of Court. The inquiry was limited to whether the respondent judge acted without or in excess of jurisdiction, which did not extend to resolving factual disputes.
What is the practical implication of this ruling?	The ruling clarifies that the prosecution can proceed with charges of illegal possession of firearms even if the information does not explicitly state that no other crime was committed, provided that the other crime charged does not fall under the exceptions enumerated in R.A. 8294. This ensures that individuals illegally possessing firearms can be prosecuted unless their actions also constitute more serious offenses specified in the law.
What was the effect of the COMELEC’s deferral of investigation?	The COMELEC’s decision to defer further investigation into the election offense reinforced the City Prosecutor’s authority to continue prosecuting the case. The deferral indicated that the COMELEC was not actively pursuing the matter, allowing the City Prosecutor to proceed with the information without conflicting jurisdictions.
What does it mean to say that the City Prosecutor has a “continuing delegation” of authority from the COMELEC?	A “continuing delegation” means that the COMELEC has generally authorized City Prosecutors to handle election offense cases, and this authorization remains valid unless COMELEC specifically revokes it for a particular case or prosecutor. This allows for efficient prosecution of election offenses without requiring COMELEC approval for every single case.

In summary, the Supreme Court’s decision in Margarejo vs. Escoses clarified the elements of illegal possession of firearms, the scope of COMELEC’s prosecutorial authority, and the application of double jeopardy. The Court upheld the trial court’s decision to proceed with both the illegal possession of firearms and election offense charges, emphasizing that the absence of an allegation of “no other crime committed” is not fatal to the former and that the City Prosecutor was properly deputized to handle the latter. The ruling underscores the importance of adhering to both firearms regulations and election laws in the Philippines.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Pablo Margarejo, et al. vs. Hon. Adelardo Escoses, et al., G.R. Nos. 137250-51, September 13, 2001