FACTS: 1983. Tujan charged with subversions under RA 1700 with warrant of arrest issued. On June 5, 1990, Tujan was arrested and caught with .38 caliber revolver. On June 14, 1990, he was charged with illegal possession of firearms and ammunition in furtherance of subversion (PD 1866) Tujan filed motion to quash invoking protection versus double jeopardy (Art. III, Constitution; Misolas v. Panga; and Enrile v. Salazar: alleged possession absorbed in subversion. It was granted by the trial court and the court of appeals.
ISSUE: WON charge under PD 1866 be quashed on ground of double jeopardy in view of the previous charge under RA 1700.
Ratio: No.
1. Article III of the Constitution and Rule 117 Revised Rules of Court state that for double jeopardy to occur, acquittal, conviction or dismissal in previous cases must have occurred. In this case, first case was not even arraigned yet.
2. They are different offenses. R.A. 1700 punishes subversion while PD 1866 punishes illegal possession of firearms.
However, since RA 7636 totally repealed subversion or RA 1700, and since this is favorable to the accused, we can no longer charge accused with RA 1700 even if they didn’t raise this issue. PD 1866 should be amended to mere illegal possession of firearms without furtherance of subversion
Held: RTC and CA reversed and set aside. RA 1700 charge dismissed. PD 1866 change amended. Release Tujan.
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