G.R. No. 117033 - PEOPLE OF THE PHILIPPINES, VS. RAFAEL AVECILLA Y MOBIDO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, said law should be given retroactive application. [13] Neither can accused-appellant be charged with simple illegal possession. As stated above, the same may only done where no other crime is committed. [14] With more reason, accused-appellant cannot be convicted of homicide or murder with "the use of the unlicensed firearm as aggravating," inasmuch as said felonies are not charged in the information but merely mentioned as the result of the use of the unlicensed firearm. Accused-appellant was not arraigned for homicide or murder. Hence, he cannot be convicted of any of these crimes without violating his right to be informed of the nature and cause of the accusation against him, not to mention his right to due process. WHEREFORE , in view of the foregoing, the appealed decision is REVERSED. Criminal Case No. 92-105691, for Qualified Illegal Possession of Firearm, is DISMISSED. SO ORDERED.