People v.

Santayana
GR L-22291, 15 November 1976 (74 Phil 25)Second Division, Concepcion Jr. (p): 4
concur, 1 took no part, 1 designated to sit in 2nd division
Facts:
On 19 February 1962, Jesus Santayana y Escudero, was appointed as Special
Agent by then Colonel Jose C. Maristela, Chief of the CIS. On 9 March 1962, Col.
Maristela issued an undated certification to the effect that the accused was an
accredited member of the CIS and the pistol described in the said Memorandum
Receipt was given to him by virtue of his appointment as special agent and that he
was authorized to carry and possess the same in the performance of his official
duty and for his personal protection. On 29 October 1962, the accused was found
in Plaza Miranda in possession of the firearms and ammunition without a license to
possess them. An investigation was conducted and thereupon, a corresponding
complaint was filed against the accused. The case underwent trial after which the
accused was convicted of the crime charged. Hence, the case wasappealed to
Supreme Court.
Issue:
Whether Santayana, a secret agent, was liable for illegal possession of firearms
Held:
The appointment of a civilian as secret agent to assist in the maintenance of peace and order
campaigns and detection of crimes sufficiently puts him within the category of a
peace officer equivalent even to a member of the municipal police expressly
covered by Section 879 (People v.Macarandang). In the present case, Santayana
was appointed as CIS secret agent with the authority to carry and possess
firearms. He was issued a firearm in the performance of his official duties and
forhis personal protection. Application of license was unnecessary, according to Col.
Maristela, as thefirearm is government property. No permit was issued, according
to Capt. Adolfo Bring as as he was already appointed as a CIS agent. Even if the
case of People vs. Mapa revoked the doctrine in the Macarandang case, this was
made only on 30 August 1967, years after the accused was charged .Under the
Macarandang rule therefore obtaining at the time of appellants appointment as secret
agent, he incurred no criminal liability for possession of the pistol in question.The
Supreme Court reversed the appealed decision, conformably with the

recommendation of theSolicitor General, and acquitted Jesus Santayana, canceling

the bond for his provisional release; withcosts de oficio