Case Digest (G.R. No. L-10845)
Facts:
The People of the Philippines v. Ambrosio Lucero, G.R. No. L-10845. April 28, 1958, Supreme Court, Labrador, J., writing for the Court.
The prosecution was the People of the Philippines; the defendant-appellant was Ambrosio Lucero. Lucero was charged in the Court of First Instance of Rizal (Hon. Bienvenido Tan, presiding) with illegal possession of a firearm after he was arrested on February 7, 1953 in Navotas, Rizal while in possession of a revolver, caliber .38, serial No. 43831. The trial court convicted him, ordered the firearm forfeited to the government, and imposed sentence.
The factual background admitted at trial was that on January 6, 1953 1st Lt. Severino F. de Jesus, Team Leader, 7 MISAT, issued a written certificate (Exhibit "1") designating Lucero as a civilian confidential agent assigned “on a mission to make surveillance and effect the killing or capture of Angel Aviso alias Cmdr MORI” and “authorize[d] to use temporarily the confiscated revolver cal. 38, serial number 43831” in performance of the mission. Lucero also carried an identification card showing he was Agent No. 2331 issued by the Seventh Battalion Combat Team. At trial Lucero, through counsel, admitted his arrest and possession but relied on the military-issued authorization as his defense.
The Solicitor General countered that Lucero’s reliance was misplaced because a lieutenant or battalion commander lacked authority under the law to grant a civilian a license to possess firearms; Sections 887 and 888 of the Revised Administrative Code were invoked to show that only the President (or laws thereunder) could authorize civilian possession. The Court of First Instance nonetheless co...(Subscriber-Only)
Issues:
- Was the designation of Ambrosio Lucero as a civilian confidential agent and the authorization by his military superiors to use the seized revolver within the lawful authority of the military commander?
- If so, did that temporary military authorization bar criminal liability for illegal possession of a firearm u...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)