Case Digest (G.R. No. L-18766)
Facts:
The People of the Philippines v. Ramon Lopez, G.R. No. L-18766, May 20, 1965, the Supreme Court En Banc, Bengzon, J.P., writing for the Court.At about 10:00 A.M. on December 21, 1960, the Chief of Police of Bacuag, Surigao del Norte, apprehended three strangers in Pagao, a sitio of Bacuag. A bag carried by the group was seized and found to contain, among other items, three carbines (.30 M1), a revolver (.22), two fully loaded carbine magazines, twelve rounds of carbine ammunition, three flashlights with batteries, one balisong, a screw driver, seven false keys (one described as a master or picklock key), and clothing.
The three persons — Ramon Lopez, Manuel Buico, and Arturo Caniete — were charged before the Justice of the Peace Court of Bacuag with illegal possession of firearms and, in a separate complaint, illegal possession of false keys. They pleaded guilty to illegal possession of firearms and were convicted by the Justice of the Peace on December 24, 1960; they pleaded not guilty to the charge of illegal possession of false keys.
The record on the false-keys charge was transmitted to the Court of First Instance (CFI) of Surigao del Norte, and an information was filed against the three, alleging possession of seven false keys, one of which was a picklock or master key, and alleging as an aggravating circumstance their conviction for illegal possession of firearms. Buico and Caniete pleaded guilty in the CFI; Lopez pleaded not guilty and stood trial. After the prosecution presented one witness, Lopez moved to dismiss on the ground that the information failed to allege an essential element of the offense under Article 304 of the Revised Penal Code — namely, that the picklocks or similar tools be "specially ...(Subscriber-Only)
Issues:
- Did the information fail to state an offense under Article 304 of the Revised Penal Code so as to justify dismissal?
- Does the description "seven (7) false keys, one of which is a picklock or master key" sufficiently allege the character of the instruments charged (i.e., that they are picklocks or similar tools specially adapted to ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)