Case Summary (G.R. No. 128066)
Background of the Case
The lower court found Neri guilty of illegal possession of a firearm under Section 878 in relation to Section 2692 of the Revised Administrative Code, as amended by Republic Act No. 4. Neri was sentenced to one year and one day of imprisonment, fined PHP 1,000, and had his firearm and ammunition confiscated in favor of the government. The case was appealed based on the assertion that he had permission to carry the firearm issued by the Provincial Governor and a special permit from the Provincial Commander.
Legal Framework for Firearm Possession
The legal issues in this case center on the interpretation of the Revised Administrative Code, specifically Sections 879 and 881. Section 879 lists exceptions permitting certain government officials to carry firearms for duty-related purposes. However, it was determined that the Deputy Governor is not included in these exceptions. Furthermore, although Neri obtained a permit to carry his firearm outside his residence, this permit did not meet the legal requirements as specified in Section 881, as it did not stem from a formal process involving the President of the Philippines.
The Nature of the Firearm
The firearm in question was identified as a "paltik," a homemade firearm, which is expressly prohibited under the relevant sections of the Revised Administrative Code. The production or possession of such firearms cannot be legitimized by any permit issued by provincial authorities, reflecting the intent of the law to prevent proliferation of illegal firearms.
Ignorance of the Law
The court emphasized the legal principle that ignorance of the law excuses no one from compliance, asserting that Neri, as a Deputy Governor, ought to understand that unlawful acts cannot be legitimized by administrative permits. Consequently, the lack of a proper legal basis for firearm possession was critical in affirming Neri's culpability.
Argument on Good Faith
Neri’s defense included a reliance on prior jurisprudence wherein good faith and lack of criminal intent were
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Case Overview
- Court: Supreme Court of the Philippines
- Decision Date: December 19, 1985
- Case Number: G.R. No. L-37762
- Parties Involved:
- Plaintiff-Appellee: People of the Philippines
- Defendant-Appellant: Eduardo B. Neri
- Nature of the Case: Illegal Possession of Firearm
Facts of the Case
- Eduardo B. Neri was charged with illegal possession of a firearm after being found with a revolver and live ammunition.
- The City Court of Cagayan de Oro convicted Neri, sentencing him to 1 year and 1 day of imprisonment, a fine of P1,000.00, and confiscation of the firearm and ammunition.
- The judgment also ordered the firearm and ammunition to be delivered to the Provincial Commander of Misamis Oriental.
Legal Issue on Appeal
- Neri appealed the conviction, questioning whether he could lawfully carry the firearm based on permits issued to him by the Provincial Governor and the Provincial Commander.
- The core issue revolved around the interpretation of legal exemptions for firearm possession outlined in the Revised Administrative Code.
Findings of the Trial Court
- The trial court noted that the exceptions in Sec. 879 of the Revised Administrative Code did not include Deputy Governors.
- The permits obtained by Neri were not in accordance with Sec. 881, which requires special perm