SUPREME COURT OF THE PHILIPPINES

>'L'GLI:: !NFORMATION OFFICE

TI)) TI SEP 20 2019 -

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~upreme ~ourt
;iffilanila

FIRST DIVISION

NOTICE
Sirs/Mesdames:
Please take nqtice that the Court, First Division, issued a
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I

Resolution dated Sep~ember 2, 2019 which reads as follows:

!

"G.R. No. 242~93 (Andy Quiazon y Survida v. People of the

Philippines) '

After review o~ the records, the Court resolves to DENY the

petition for failure to s;ufficiently show that the Court of Appeals (CA)
committed any rever~ible error in its June 25, 2018 Decision 1 and
October 24, 2018 R~solution, 2 as to warrant the exercise of the
Court's discretionary appellate jurisdiction.

The Court, however,

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modifies the penalty imposed based on the
ruling in Dizon v. CA,' et al. 3 Illegal Possession of Explosives under
Presidential Decree (P.D.) No. 1866,4 as amended by Republic Act
(R.A.) No. 8294, is punishable by prision mayor in its maximum
period to reclusion temporal and a fine of not less than PS0,000.00. 5
Applying the Indeterminate Sentence Law, 6 the minimum penalty is
one degree lower or :prision correccional in its medium period to

- over - two (2) pages ...

4
1
Rollo, pp. 30-39; penned by \Associate Justice Rosmari D. Carandang (now a Member of this
Court) with Associate Justices ];:lihu A. Ybafl.ez and Pedro B. Corales, concurring.
2
Id. at 41-42.
3
370 Phil. 1 (1999).
4
Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or
Disposition of Firearms, Ammunition or Explosives or Instruments Used in the Manufacture of
Firearms, Ammunition or Explosives, and Imposing Stiffer Penaltfos for Certain Violations
Thereof, and for Relevant Purposes.
5 SEC. 3. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Explosives. -

The penalty of prision mayor in its maximum period to reclusion temporal and a fine of not less
than Fifty thousand pesos (PS0,000[.00]) shall be imposed upon any person who shall unlawfully
manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s) rifle grenade(s), and
other explosives, including but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or
other incendiary devices capable of producing destructive effect on contiguous objects or causing
injury or death to any person.
6
Act. No. 4103. An Act To Provide For An Indeterminate Sentence And Parole For All Persons
Convicted Of Certain Crimes By The Courts Of The Philippine Islands; To Create A Board Of
Indeterminate Sentence And To Provide Funds Therefor; And For Other Purposes.

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 RESOLUTION 2 G.R. No. 242993
September 2, 2019

prision mayor in its medium period. Thus, the penalty imposed on

petitioner is four (4) years, ten (10) months and twenty-one (21) days
of prision correccional, as minimum, to thirteen (13) years, four (4)
months, and one (1) day of reclusion temporal,' as maximum. 7 The
fine of PS0,000.00 is affirmed.

WHEREFORE, the June 25, 2018 Decision and October 24,

2018 Resolution of the Court of Appeals in CA-G.R. CR No. 39927
are AFFIRMED with MODIFICATION. Andy Quiazon y Survida
is hereby found GUILTY beyond reasonable doubt of the offense of
Illegal Possession of Explosives under Section 3 of P.D. No. 1866, as
amended by R.A. No. 8294, and is sentenced to suffer an
indeterminate penalty of four (4) years, ten (10) months and twenty- ·
one (21) days of prision correccional, as minimum, to thirteen (13)
years, four ( 4) months, and one ( 1) day of reclusion temporal, as
maximum and to pay a fine of PS0,000.00.

SO ORDERED." Hernando, J., designated Additional

Member vice Carandang, J., per Raffle dated July 1, 2019.

Very truly yours,

Divisiorl Clerk of Court,~

-~ 4

PUBLIC ATTORNEY'S OFFICE Court of Appeals (x)

Special and Appealed Cases Service Manila
Counsel for Petitioner (CA-G.R. CR No. 39927)
DOJ Agencies Building
Diliman, 110 I Quezon City The Solicitor General
134 Amorsolo Street, Legaspi Village
Public Information Office (x) 1229 Makati City
Library Services (x)
Supreme Court The Hon. Presiding Judge
(For uploading pursuant to A.M. Regional Trial Court, Branch 38
No. 12-7-1-SC) San Jose City, 3121 Nueva Ecija
(Crim. Case No. 1262-08-SJC)
Judgment Division (x)
Supreme Court

UR

7
See Dizon v. CA, et al., supra note 3 at 17-18; where the Court found the accused guilty of illegal

v~
possession of explosives under P.O. No. 1866, as amended by R.A. No. 8249, of the same penalty
of 4 years, 10 months, and 21 days of pris ion correccional as minimum, to 13 years, 4 months,
and 1 day ofreclusion temporal, as maximum, and a fine of PS0,000.00.