Case Summary (G.R. No. L-30061)
Facts of the Case
On September 5, 1964, at about 9:00 p.m. in the Poblacion of Batangas, Jose Jabinal was found in possession of a German-made .22-caliber ROHM revolver (SN RG-8) with one live round and four empty shells, without securing a license or permit as required by law. He was arraigned on September 11, 1964, pleaded not guilty, and admitted possession during trial but justified it on the basis of official appointments.
Appointments and Claimed Authority
- Appointment as Secret Agent (December 10, 1962): Issued by Governor Feliciano Leviste to detect crimes and preserve peace in Batangas; expressly granted the right to bear the specified .22-caliber revolver.
- Appointment as Confidential Agent (March 15, 1964): Issued by the Provincial Commander of the Philippine Constabulary in Batangas to furnish intelligence on smuggling, loose firearms, subversives, and related matters; temporarily authorized possession of the same revolver for personal protection while on duty.
Trial Court Findings
The Municipal Court of Batangas (Decision dated December 27, 1968) acknowledged the validity of both appointments and the express firearm authority therein but convicted the appellant for illegal possession. It ruled that earlier Supreme Court decisions granting exemption to “secret agents” had been reversed by People vs. Mapa (1967), and only regarded the appointments as mitigating circumstances. Appellant received an indeterminate sentence of one year and one day to two years.
Jurisprudence on Firearm Possession Exemptions
• Revised Administrative Code §878 (as amended) makes unlawful the possession of firearms or ammunition without specific allowance.
• §879 exempts “firearms and ammunition regularly and lawfully issued” to certain public officers (e.g., armed forces, constabulary, municipal police, provincial governors) when used in official duties.
• No explicit exemption exists for “secret agents” or similar confidential roles.
Doctrine from Macarandang and Lucero
• People vs. Macarandang (1959): Held that a Secret Agent appointed by a provincial governor qualified as a “peace officer” under §879 and thus was exempt from license requirements when bearing arms for official duties.
• People vs. Lucero (1958): Recognized that temporary use of firearms by military agents was incident to lawful duties and exempted under military authority.
Overruling in People vs. Mapa
People vs. Mapa (1967) expressly abandoned Macarandang and implicitly Lucero, concluding that only those officers enumerated in §879 enjoy exemptions. It declared the statutory language “cannot be any clearer” in excluding secret or confidential agents, thereby upholding convictions for unlicensed firearm possession despite prior appointments.
Doctrine on Prospective Application
Under Article 8 of the Civil Co
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Procedural History
- Criminal Case No. 889 filed in the Municipal Court of Batangas, charging illegal possession of a .22‐caliber revolver (RG-8 German made) with one live cartridge and four empty shells, without the requisite permit.
- Arraignment on September 11, 1964, where appellant pleaded not guilty.
- Trial held; appellant admitted possession but invoked official appointments as a defense.
- December 27, 1968: Municipal Court rendered judgment finding appellant guilty, applying the Supreme Court’s ruling in People vs. Mapa, with an indeterminate sentence of one year and one day to two years imprisonment plus legal accessories.
- Appeal taken to the Supreme Court raising the question of retrospective application of the decision in People vs. Mapa.
Factual Background
- On September 5, 1964 at approximately 9:00 p.m., in the poblacion of Batangas City, appellant was found in possession of a ROHM revolver, Cal. .22, SN 64, and associated ammunition.
- Appellant held no license or permit for the firearm.
- December 10, 1962: Appointed Secret Agent by Governor Feliciano Leviste with authority to bear the specified revolver for peace-keeping duties and crime detection; required to report periodically.
- March 15, 1964: Appointed Confidential Agent by the Provincial Commander of the Philippine Constabulary, authorized temporarily to carry the same revolver for personal protection while performing official duties.
Appellant’s Defense
- Contended that his appointments as Secret Agent and Confidential Agent carried the lawful authority to possess and carry the subject firearm and ammunition without a separate permit.
- Relied on this Court’s earlier decisions in People vs. Macarandang (1959) and People vs. Lucero (1958), which recognized similar appointments as plac