PEOPLE VS. MARIO MAPA Y MAPULONG G.R. NO.

L-22301, AUGUST 30, 1967 FACT: Defendant Mario Mapa Y Mapulong was charged and convicted of the crime of illegal possession of firearm and ammunition by the Court of the First Instance of Manila. That on or about August 13, 1962, the said accused did and then wilfully and unlawfully have in his possession and under his custody and control one homemade revolver, without a serial number, with six (6) rounds of ammunition, without first having secured the necessary license or permit therefor from the corresponding authorities. The accused defended (with proper documentation) that he is duly appointed is duly appointed secret agent of then Governor of Batangas dated June 2, 1962 and at the time of the alleged commission of the offense, he had a confidential mission to proceed to Manila, Pasay and Quezon City. On November 27, 1963, the lower court convicted the accused of illegal possession of firearms and sentenced to an indeterminate penalty of from one year and one day to two years and to pay the costs. ISSUE: WON the appointment and holding of the position of a secret agent to the provincial governor would constitute a sufficient defense to a prosecution for the crime of illegal possession of firearm and ammunition. RULING: Sec. 878 as amended by Republic Act No. 4, Revised Administrative Code states that: "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. Sec. 879, Revised Administrative Code states: 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 law is clear that there is no exemption for a secret agent in the above mentioned provisions. Thus, the accused defense in the case of People v. Macarandang, where a secret agent was acquitted on the appeal on the assumption that the appointment of the accused as a secret agent to assist in the maintenance of peace and order puts him under the category of a peace officer whos covered in the Sec. 879 of the Revised Administrative Code. It is not within the power of the Court to set aside the clear and explicit mandate of a statutory provision. To the extent therefor that this decision conflicts with what was held in People v. Macarandang, it no longer speaks with authority. Therefor, the judgment appealed from is affirmed.