Case Summary (G.R. No. L-22301)
Petitioner and Respondent
• Petitioner (on appeal): The People of the Philippines (as appellee below).
• Respondent (on appeal): Mario Mapa y Mapulong (as appellant below).
Key Dates
• August 13, 1962 – Date when revolver and ammunition were allegedly found in appellant’s possession in Manila.
• August 14, 1962 – Filing of the information charging illegal possession of firearm and ammunition.
• September 3, 1963 – Hearing before the lower court, during which appellant admitted possession and tendered exhibits.
• November 27, 1963 – Lower court conviction and sentence.
• August 30, 1967 – Decision by the Supreme Court of the Philippines.
Applicable Law
• Revised Administrative Code, Sec. 878 (as amended by Commonwealth Act No. 56 and Republic Act No. 4): Prohibits unlawful possession of firearms or ammunition without license or permit.
• Revised Administrative Code, Sec. 879: Lists exemptions—firearms and ammunition lawfully issued to specified officials and public servants (e.g., Armed Forces, Philippine Constabulary, municipal and provincial executives) when used in official duties.
Facts of the Case
Appellant was indicted for possession of a homemade .22-caliber revolver (“paltik”) and six rounds of ammunition without a required license or permit. At trial, he stipulated to possession and lack of license, and introduced four documents: his appointment as secret agent by Governor Leviste (June 2, 1962), a governor’s directive for a confidential mission, his oath of office, and a certificate confirming his status as secret agent.
Procedural Posture
Following appellant’s admission and the lower court’s receipt of his exhibits, both parties agreed to submit the sole legal question—whether a gubernatorial secret agent is exempt from the firearm-license requirement—to the court. The trial court found no exemption in the statute and convicted appellant. He appealed directly to the Supreme Court, raising only the legal issue.
Issue
Does an appointment as a secret agent of the provincial governor exempt an individual from obtaining a license or permit before possessing a firearm and ammunition under Sections 878 and 879 of the Revised Administrative Code?
Analysis
- Statutory Prohibition (Sec. 878): Generally, “it shall be unlawful for any person” to possess firearms or ammunition without proper authority.
- Enumerated Exemptions (Sec. 879): Exempts only specified officeholders (e.g., Armed Forces personnel, Philippine Constabulary, municipal and provincial executives) while performing official duties.
- Absence of “Secret Agent” Category: The statute’s plain language does not include secret agents among exempted classes.
- Duty of Courts: Where
Case Syllabus (G.R. No. L-22301)
Facts
- On August 13, 1962, in the City of Manila, Mario Mapa y Mapulong was found in possession of a home-made .22 caliber revolver (Paltik) without serial number and six rounds of ammunition.
- No license or permit for the firearm or ammunition was secured from the Philippine Constabulary or other corresponding authority.
- An information dated August 14, 1962 charged him with violation of Section 878 in connection with Section 2692 of the Revised Administrative Code, as amended by Commonwealth Act No. 56 and Republic Act No. 4.
- At the September 3, 1963 hearing, the parties agreed to stipulate the factual elements (possession, lack of permit) and submit only the legal question of whether a secret agent of a provincial governor is exempt from the firearm-license requirement.
- The accused admitted under oath that he possessed the pistol and ammunition without a license.
- Four exhibits were introduced by the defense:
- Exhibit 1: Appointment as Secret Agent of Governor Feliciano Leviste, dated June 2, 1962.
- Exhibit 2: Confidential mission directive from Governor Leviste to proceed to Manila, Pasay, and Quezon City.
- Exhibit 3: Oath of office as Secret Agent.
- Exhibit 4: Certificate dated March 11, 1963, confirming status as Secret Agent of Governor Leviste.
- On November 27, 1963, the lower court fou