G.R. No. L-22301 - People vs. Mapa y Mapulong

On August 14, 1962, the People of the Philippines filed an information against Mario Mapa y Mapulong for violation of Section 878 in connection with Section 2692 of the Revised Administrative Code, as amended.
The accused was charged with wilfully and unlawfully possessing, on or about August 13, 1962 in Manila, one home-made revolver (Paltik), Cal. 22, without serial number, with six rounds of ammunition, without securing the necessary license or permit.

At the hearing on September 3, 1963, the parties stipulated that the accused was found in possession of the firearm and lacked any license or permit; the case would turn solely on whether a secret agent of the provincial governor is exempt from the licensing requirement.
The accused admitted the factual allegations on the record; the prosecution agreed to submit the issue for decision as a pure question of law.

Appointment of the accused as secret agent of Governor Feliciano Leviste (June 2, 1962) and a directive to proceed on a confidential mission to Manila, Pasay and Quezon City.
Oath of office as secret agent and a certificate (March 11, 1963) confirming his status.

The lower court received the exhibits and granted the parties leave to file memoranda. On November 27, 1963 it rendered judgment convicting the accused of illegal possession of firearms, sentencing him to one year and one day to two years’ imprisonment, and ordering confiscation of the firearm and ammunition.

Whether the appointment to and holding of the position of “secret agent” to the provincial governor exempts the accused from the requirement of securing a license or permit to possess a firearm and ammunition.
Whether the decision in People v. Macarandang, which had acquitted a secret agent on similar grounds, remains authoritative.