Case Digest (G.R. No. L-30061) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In The People of the Philippines v. Jose Jabinal y Carmen (G.R. No. L-30061, February 27, 1974), appellant Jose Jabinal y Carmen was charged by the Municipal Court of Batangas (Provincial Capital) in Criminal Case No. 889 with illegal possession of a .22-caliber ROHM German-made revolver (SN 64) and one live ammunition without a permit on September 5, 1964, at about 9:00 p.m. in Poblacion, Batangas. At arraignment on September 11, 1964, he pleaded not guilty. During trial, he admitted possession of the weapon but claimed exemption from criminal liability, presenting two official appointments: a Secret Agent appointment by Governor Feliciano Leviste dated December 10, 1962, explicitly authorizing him to carry the revolver, and a Confidential Agent appointment by the PC Provincial Commander on March 15, 1964, likewise granting temporary authority to possess the same firearm for official duties. The trial court recognized these appointments but convicted appellant on December 27, 1 Case Digest (G.R. No. L-30061) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Procedural Background
- The People of the Philippines (plaintiff–appellee) filed Criminal Case No. 889 in the Municipal Court of Batangas against Jose Jabinal y Carmen (defendant–appellant) for Illegal Possession of Firearm and Ammunition.
- The Municipal Court found him guilty on December 27, 1968, sentencing him to an indeterminate term of one (1) year and one (1) day to two (2) years’ imprisonment, with legal accessories.
- Charge and Plea
- Complaint alleged that on or about 9:00 p.m. of September 5, 1964, in the Poblacion, Municipality of Batangas, the accused, “a person not authorized by law,” possessed a .22-caliber RG 8 German-made revolver with one live round and four empty shells without a permit.
- On arraignment (September 11, 1964), the accused pleaded not guilty but later admitted possession without a license or permit.
- Appointments Claimed as Defense
- Appointment as Secret Agent by Governor Feliciano Leviste (December 10, 1962) authorizing him as a “peace officer” to detect crimes and “have the right to bear” the specific .22 revolver.
- Appointment as Confidential Agent by the Provincial Commander of the Philippine Constabulary (March 15, 1964) empowering him to possess the ROHM .22 revolver for official duties (intelligence on smuggling, subversives, loose firearms).
- Trial Court’s Rationale
- The trial court recognized the appointments but held that the Supreme Court’s prior rulings in People vs. Macarandang (1959) and People vs. Lucero (1958) were overruled by People vs. Mapa (1967).
- The court treated the appointments as mitigating circumstances but nevertheless convicted based on the Mapa doctrine.
Issues:
- Main Issue
- Whether appellant’s possession of the revolver, authorized under the prevailing Macarandang and Lucero jurisprudence at the time of the offense, should be exempted despite the Supreme Court’s subsequent overruling in People vs. Mapa.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)