Justice in Every Step: Ballistic Examination is not Required in the Prosecution for Illegal Possession of Firearms

The corpus delicti in the crime of illegal possession of firearms is the accused's lack of license or permit to possess or carry the firearm, as possession itself is not prohibited by law.

To establish the corpus delicti, the prosecution has the burden of proving that the firearm exists and that the accused who owned or possessed it does not have the corresponding license or permit to possess or carry the same. In this case, accused-appellant was found in possession of a .38 revolver with five live ammunitions when he was arrested after the conduct of the buy-bust operation.

However, accused-appellant had neither license nor authority to possess or own them, as evidenced by the Certification issued by the Firearms and Explosives Office of the Philippine National Police in Camp Crame, Quezon City on September 10, 2015.

On this point, it is inconsequential that said firearm was not subjected to a ballistics examination as it is not an element of the crime. It has been held that a ballistics exam is usually conducted to establish the "likelihood that a bullet was fired from a specific weapon." Such fact is not relevant to the instant case. Accused-appellant was charged with possessing a .38 revolver despite the lack of authority to do so. It was not alleged that he used said firearm to either injure or kill anyone. Thus, no reason exists for the police officers to conduct a ballistics examination on the .38 revolver that was confiscated from the accused-appellant.

Sources:

People v. Alcira, G.R. No. 242831. June 22, 2022, Lopez, J., J., Second Division

2024 Jurists Pre-Bar Review Program Special Penal Laws

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