Criminal Law Review 1/Aggravating Circumstace_SALIVIO, Yani N.

2013

Effect of Use of Loose Firearm in the Commission of a Crime (as provided under Section 29, R.A. 10591) 1. Use of a loose firearm shall be considered as an aggravating circumstance when inherent in the commission of a crime punishable under the RPC or other special laws. Provided that: If the maximum penalty for the crime committed with the use of a loose firearm is LOWER than the penalty prescribed by R.A. 10591 for illegal possession of firearm, the latter penalty shall be imposed in lieu of the penalty for the crime charged: Provided, further that: If maximum penalty for the crime committed with the use of a loose firearm is EQUAL TO the penalty prescribed by R.A. 10591 for illegal possession of firearm, the penalty of prision mayor in its minimum period shall be imposed in addition to the penalty for the crime punishable under the RPC or other special laws. 2. Violation of R.A. 10591 shall be absorbed as an element when used in furtherance of, or incident to, or in connection with the crime of rebellion, of insurrection, or attempted coup d etat. 3. Violation of R.A. 10591 shall be considered as a distinct and separate offense if the crime is committed by the person without using the loose firearm.