Consolidation of Separate Firearm Cases Filed in Different Philippine Courts
(A practitioner-oriented explainer, updated to 1 May 2025)

1. Why consolidation matters in firearm litigation

Firearm-related charges frequently arise alongside, or in rapid succession to, non-firearm felonies (murder, robbery, drugs, terrorism). Because the acts often occur in one transaction but violate several statutes—principally R.A. 10591 (Comprehensive Firearms and Ammunition Regulation Act, 2013) or its predecessor P.D. 1866, plus the Revised Penal Code (RPC)—multiple Informations may be filed: e.g.

Case	Statute	Typical venue	Potential penalty*
Illegal possession of firearm	R.A. 10591 §28	RTC where seizure occurred	prision mayor to reclusion temporal
Use of unlicensed firearm while committing homicide	R.A. 10591 §29 & §30	same RTC (special aggravating circumstance)	adds 15 y to penalty for homicide
Homicide	RPC Art. 249	RTC where killing took place	reclusion temporal
Direct assault on police (firing at arresting team)	RPC Art. 148	usually same RTC	prision correccional – prision mayor

*Indicative only; mitigating/aggravating circumstances can raise or lower the range.

Trying these in separate sala s can duplicate witnesses, risk inconsistent findings on the same firearm, and slow proceedings. Consolidation, when legally feasible, cures those defects.

2. Legal texts that empower (or restrain) consolidation

Source	Key provisions
Rule 119, §1(b), Rules of Criminal Procedure (joint trial)	“When two or more Informations are filed against the same accused for offenses founded on the same facts or forming part of a series of offenses of similar character, the court may consolidate and try them together.”
Rule 31, Rules of Court (civil consolidation)	Persuasive authority; Supreme Court cites it for the standard (“common question of law or fact”).
Administrative Circular 04-94 & OCA Circular 62-95	Layout the mechanics for transferring criminal cases from one branch/station to another; require OCA or Supreme Court approval when courts of equal rank but different stations are involved.
Constitution, Art. III §14(2)	A change of venue by consolidation must not impair the accused’s right to be tried in the province or city where the offense was committed unless the Supreme Court orders otherwise “for security or other compelling reasons.”
R.A. 10591 §29–30	When an unlicensed firearm is used in another felony the firearm offense is treated as a special aggravating circumstance—yet prosecutors still sometimes file an independent information. Consolidation prevents double jeopardy pitfalls.

3. Jurisdiction & venue checklist before you even file a motion

Court level.
MTC/MTCC/MCTC handle violations of §28 (possession) only if the maximum imposable penalty is ≤ 6 years (e.g., small-caliber improvised firearms). Almost every other firearm charge is RTC territory.
Geographic venue.
- If all offenses were committed in one province/city, consolidation is simple: move to consolidate into the court where the earliest case was raffled (or, by convention, the branch that has the “principal” offense).
- If Informations are pending in different provinces or judicial regions, a transfer of venue is inevitable; only the Supreme Court en banc (via an administrative matter routed through the OCA) can validly direct that transfer.
Sandiganbayan wrinkle.
A firearm offense by or in conspiracy with a public official that is “in relation to office” may fall under Sandigan jurisdiction (R.A. 10660). You cannot consolidate RTC and Sandigan cases; instead, move to quash the improper information or let the Sandiganbayan assume exclusive jurisdiction.

4. When will a judge actually grant consolidation?

Philippine jurisprudence distills three touchstones:

Touchstone	Supreme Court illustrations
Substantial identity of parties	People v. Hon. CA (G.R. 129095, 20 Apr 1998): same accused in multiple carnapping charges; consolidation proper despite different complainants.
Common evidence	People v. Ferrer (L-32613-15, 22 Jun 1973): subversion charges; overlapping witnesses justified joint trial.
Interest of justice outweighs delay/prejudice	People v. Malinao (G.R. 169335-36, 1 Jun 2016): trial court may refuse consolidation where cases were already half tried; deference to its discretion.

Applying those to firearm prosecutions:

Same accused, same gun, same night → strong case for consolidation.
Different accused, different guns, arrested in one buy-bust → consolidation still possible if chain of custody and forensic reports overlap.
Same accused, firearms case in Quezon City; homicide in Bulacan → you need a Supreme Court transfer because the constitutional venue rule is implicated.

5. Step-by-step procedure (RTC-to-RTC within one province)

Draft a “Joint Motion to Consolidate” citing Rule 119 §1(b); attach certified true copies of all Informations and a proposed order.
File in the branch that received the earliest information; furnish copies to other branch es.
Hearing & comment: both prosecutors and private complainants must be heard.
Order of consolidation: specifies the surviving docket number (others are “closed and archived,” with records sent up).
Re-arraignment? Not required if the same Information text is retained; but prudent judges re-read the charge on record.
Reset pre-trial under Rule 118; bail bonds in absorbed cases are carried over (unless amounts differ; court may require undertaking to cover the highest).

6. RTC-to-RTC in different provinces / regions

File separate motions in all branches requesting each judge to recommend transfer and consolidation.
Each judge endorses to the Office of the Court Administrator (OCA) with a comment on docket congestion and security.
The OCA prepares an Administrative Matter for the Supreme Court en banc; until the Court issues a Resolution, all dates are held in abeyance (speedy-trial clock stops under Rule 119 §2(g), “proceedings on motions”).
Once the Resolution designates the receiving court (often the place where the “most serious” offense happened), all records move en masse via registered mail or hand-carry by the sheriff; detainees are escorted by BJMP or PNP-Custodial.

7. Limits and caveats

Potential issue	Practical tip
Double jeopardy if firearm use is charged both as separate offense and as aggravating circumstance in the companion felony.	Move to either quash one Information (Rule 117 §3) or consolidate and request the prosecution to designate the firearm element only once.
Speedy-trial reset: consolidation motions suspend the 180-day period but only for “reasonable” time.	Keep a paper trail; if more than 30 days elapse without Supreme Court action, file a manifestation to avoid dismissal.
Half-tried or already-submitted cases	Under People v. Malinao, judge may deny consolidation to prevent mistrial.
Different levels of court (MTC & RTC)	Only the superior court (RTC) can try consolidated felony-level offenses; MTC must dismiss for lack of jurisdiction once SC transfer order issues.

8. Effects of a successful consolidation order

Single trial calendar; witnesses testify once; ballistic evidence marked under one set of exhibits.
Separate judgments or one judgment with separate dispositive portions are both allowed; what matters is clarity on penalties.
Service of sentences: Article 70 RPC (successive service up to 40 years) applies if multiple convictions stand.
Appeal: One notice of appeal (Rule 122) suffices; docket fees computed on the highest penalty.

9. Special notes under R.A. 10591 (post-2013 practice)

Section 30 made the unlicensed-firearm penalty absorbable by the principal felony when the gun is used in its commission. Many prosecutors, however, still file a stand-alone §28 case “in the alternative.” Consolidation lets the trial court strike the surplusage at judgment stage instead of risking dismissal.
Chain of custody (PNP Forensic Group Manual, 2021 ed.) is one continuous documentary trail; consolidated trial avoids conflicting chains.
Plea bargaining (A.M. 18-03-16-SC, 2018) is easier after consolidation because the court sees the “global” exposure and can approve a composite plea (e.g., lower homicide to homicide-without-qualifying; firearm offense to fine).

10. Checklist for counsel or prosecutor

Verify exact docket numbers, filing dates, and branch assignments.
Confirm penalties to ensure the receiving court has jurisdiction over all cases.
Draft a Joint Motion with a common statement of facts and prayer for consolidation/transfer.
Serve notices on all private complainants (required—Villareal v. Aliga, G.R. 167206, 13 Jan 2014).
Secure the jail warden’s commitment order for possible transfer.
Monitor the OCA docket (look for an “A.M.” number); file follow-up manifestations every 15 days.

11. Take-away

Consolidation is a case-management tool, not a right. In firearm prosecutions its judicious use:

eliminates duplicative ballistic and chem-forensic testimony;
minimizes inconsistent rulings on the same gun;
speeds up trial without sacrificing the accused’s venue right, provided Supreme Court clearance is obtained for inter-province cases.

Counsel who know the rules—particularly Rule 119 §1(b), OCA Circular 62-95, and the post-R.A. 10591 treatment of firearm use—can leverage consolidation to deliver faster, cleaner justice for both the State and the defense.

Prepared by: [your-name-or-firm], Integrated Bar of the Philippines, 1 May 2025.