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in such a way that it may not violate a Constitutional prohibition, thereby tying the
hands of the courts in their task of later interpreting said statute, especially when
the interpretation sought and provided in said statute runs counter to a previous
interpretation already given in a case by the highest court of the land.
People of the Philippines vs. M. Mapa
G.R. No. L-22301, August 30, 1967
En Banc
FACTS:
The accused was convicted in violation of Sec. 878 in connection to Sec. 2692
of the Revised Administrative Code as amended by Commonwealth Act No. 56 and
further amended by R.A. 4. On August 13, 1962, the accused was discovered to
have in its possession and control a home-made revolver cal. 22 with no license
permit. In the court proceeding, the accused admitted that he owns the gun and
affirmed that it has no license. The accused further stated that he is a secret agent
appointed by Gov. Leviste of Batangas and showed evidences of appointment. In his
defense, the accused presented the case of People vs. Macarandang, stating that he
must acquitted because he is a secret agent and which may qualify into peace
officers equivalent to municipal police which is covered by Art. 879.
ISSUE:
Whether or not holding a position of secret agent of the Governor is a proper
defense to illegal possession of firearms.
RULING:
The Supreme Court in its decision affirmed the lower courts decision. It
stated that the law is explicit that except as thereafter specifically allowed, "it shall
be unlawful for any person to . . . possess any firearm, detached parts of firearms or
ammunition therefor, or any instrument or implement used or intended to be used
in the manufacture of firearms, parts of firearms, or ammunition." The next section
provides that "firearms and ammunition regularly and lawfully issued to officers,
soldiers, sailors, or marines [of the Armed Forces of the Philippines], the Philippine
Constabulary, guards in the employment of the Bureau of Prisons, municipal police,
provincial governors, lieutenant governors, provincial treasurers, municipal
treasurers, municipal mayors, and guards of provincial prisoners and jails," are not
covered "when such firearms are in possession of such officials and public servants
for use in the performance of their official duties.
The Court construed that there is no provision for the secret agent; including
it in the list therefore the accused is not exempted.
Even if the salewas made only in January 1962, the Treasurer informed the CPCCs
acting officer that he would again advertise for the public sale of the said bags of
cement. With this, the validity of the date of the said auction sale cannot be
contested.