Facts:

The case involves Dominador Abril as the petitioner and the People of the Philippines as the respondent, with the decision rendered by the First Division of the Supreme Court on February 28, 1978. The case originated from the Court of First Instance of Leyte, Branch IX, in Criminal Case No. Bn-1099, where Abril was charged with illegal possession of a deadly weapon under Presidential Decree No. 9. The charge stemmed from an incident that occurred on May 21, 1975, in Burauen, Leyte. The information filed against Abril stated that he unlawfully carried and concealed a bladed weapon, specifically a bolo, without the necessary permit or authority, and that the weapon was not used as a tool for earning a livelihood.

The trial court conducted a joint trial for this case and another for attempted homicide (Criminal Case No. Bn-1076). On February 8, 1977, the court found Abril guilty of threatening another with a weapon and sentenced him to a fine of fifty pesos, while in the ille...

Facts:

Background and Charges

• Dominador Abril, a 60-year-old barber from Burauen, Leyte, was charged in connection with two criminal cases:
• Criminal Case No. Bn-1099 for illegal possession of a deadly weapon (a bolo) under Presidential Decree No. 9.
• Criminal Case No. Bn-1076 for attempted homicide – specifically, threatening another with a weapon under Article 285 of the Revised Penal Code.
• The incident in question occurred on May 21, 1975, in the municipality of Burauen, Leyte.
• The charge under PD No. 9 alleged that Abril carried and concealed a bladed deadly weapon outside his residence, without the requisite permit and without using it as an implement necessary to earn a livelihood.

Sequence of Events on May 21, 1975

• Early Morning Context:
• At about seven o’clock in the morning, while sweeping the yard of his house, Abril witnessed the arrival of his cousin, Sabino Abril, who left a bolo at his barber shop.
• The bolo was deposited behind a mirror within the shop.
• The Altercation and Its Trigger:
• At about eight o’clock in the morning, Abril’s grandson began crying due to an incident involving Esteban Venezuela, the son of a neighboring resident, who had apparently poured water and was involved in a dispute.
• Responding to his grandson’s distress, Abril went to confront Esteban Venezuela outside his store adjacent to his residence.
• The Confrontation:
• During the confrontation, Esteban Venezuela hurled pieces of iron at Abril, hitting him on various parts of his body – notably at the back, left side, and head.
• After being struck by a nine-inch broken leaf spring (a piece of iron possibly from a jeep or car), Abril retreated to his barber shop, retrieved the bolo from behind the mirror, and chased Esteban Venezuela.
• While chasing Venezuela as he fled toward the vice-mayor’s house, Abril was intercepted by a patrolman, who ordered him to put down the bolo.
• Medical and Legal Follow-up:
• Abril, injured from the altercation, was brought to a municipal building and subsequently transferred to a hospital where he underwent treatment.
• Although Abril later intended to press charges against Esteban Venezuela for inciting the confrontation, Venezuela managed to file his own case in time.
• The case ultimately became part of the record that led to Abril’s convictions for both criminal charges.

Judicial Proceedings and Evidentiary Findings

• The trial court conducted a joint trial for both Criminal Case No. Bn-1076 and No. Bn-1099 with a decision rendered on February 8, 1977.
• Testimony of Dominador Abril:
• Abril testified about the sequence of events, emphasizing that the bolo was not originally intended for criminal use but was merely in his possession after being left by his cousin.
• His account detailed that, upon witnessing verbal threats (“You come out you old man. I’ll kill you”) by Esteban Venezuela, he retrieved the bolo purely to repel the threat.
• Factual Determinations by the Trial Court:
• The trial court acknowledged that, despite minor exaggerations in Abril’s account, the essential narrative was credible.
• The court held that while Abril was rightly convicted in Criminal Case No. Bn-1076 for threatening with a weapon, the factual circumstances did not support a conviction under Criminal Case No. Bn-1099 for illegal possession under PD No. 9.
• It was found that Abril did not carry or conceal the bolo with criminal intent; his actions were incidental in the course of a spontaneous defensive act rather than a calculated offense influenced by political motives.

Contentions Raised by the Petitioner

• Abril argued that PD No. 9 should not apply to his case because:
• The Presidential Decree was issued in the context of Martial Law under Proclamation No. 1081 and was primarily aimed at combating subversion, rebellion, insurrection, and related political disturbances.
• His actions lacked any political motive, as his use of the bolo was solely in response to an immediate, personal threat from Esteban Venezuela.
• The petitioner maintained that his accidental and situational retrieval and use of the bolo did not equate to “wilfully carrying and concealing” a deadly weapon with an intent to perpetuate lawless violence or public disorder.

Issue:

Whether the application of Presidential Decree No. 9 to the offense committed by Abril was proper, given the nature and intent of his actions.

• Did Abril’s act of retrieving and using the bolo fall within the ambit of “illegal possession” under PD No. 9?
• Does the law require a demonstration of political motive or intent to engage in subversive activities as a necessary element for the offense?
• Whether the facts, as established by the trial court’s record, sufficiently support a conviction under PD No. 9 despite Abril’s defense of acting in self-defense.
• Whether the incidental and defensive use of the bolo, in the absence of any demonstrable intent of furthering political unrest or lawless violence, could justifiably lead to a conviction for illegal possession under the decree.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)