Case Digest (G.R. No. 80066)
Facts:
The People of the Philippines v. Hon. Maximiano Asuncion and Rolando Abadilla, G.R. No. 80066, May 24, 1988, the Supreme Court En Banc, Padilla, J., writing for the Court. (Justices Feliciano and Sarmiento took no part.)On 30 July 1987 the Assistant City Fiscal filed an Information in the Regional Trial Court, National Capital Judicial Region, Quezon City (Criminal Case No. Q-53382), charging Rolando Abadilla with violation of Presidential Decree No. 1866 (illegal possession of firearms and ammunition). The Information enumerated several firearms (including a Sterling SMG, an Armalite M16, a Carbine M2, and various pistols and revolver) and a long list of ammunition and magazines, and alleged that Abadilla "without any authority of law, did then and there willfully, unlawfully and feloniously have in his possession and under his custody and control" the described items "without first securing the necessary license and/or permit from the lawful authority."
Respondent Judge Maximiano Asuncion, presiding judge of Branch 104, RTC, dismissed the Information in a Resolution dated 1 September 1987. The judge found the pleading fatally defective because it failed to allege facts showing any conduct prohibited during the limited amnesty period created by Executive Order No. 107, later extended by Executive Order No. 222; relying on prior decisions such as People v. Lopez, he held that mere possession during the surrender period was not criminal unless the firearm was carried outside the residence (except to surrender) or used in the commission of another offense.
The prosecution moved for reconsideration, which the respondent judge denied in an Order dated 25 September 1987. The People then filed the present petition for review on certiorari to the Supreme Court, assailing the dis...(Pro-only)
Issues:
- Was the dismissal of the Information for failure to allege facts sufficient to constitute an offense proper?
- Do Executive Orders No. 107 and No. 222, which provided a period to surrender unlicensed firearms and ammunition, effectively suspend criminal liability for mere possession during the covered period?
- May the prosecution cure a defective information that omits allegations that the firearms were carried outside the accused’s residence or used in the commission of another offense by in...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)