People of the Philippines v.

Purisima
G.R. Nos. L-42050-66 (November 20, 1978)

FACTS: Twenty-six petitions for review were filed charging the respective Defendant with illegal possession of deadly weapon in violation of Presidential Decree No. 9. An order quashed the information because it did not allege facts which constitute the offense penalized by P.D. No. 9. It failed to state one essential element of the crime, viz.: that the carrying outside of the residence of the accused of a bladed, pointed, or blunt weapon is in furtherance or on the occasion of, connected with or related to subversion, insurrection, or rebellion, organized lawlessness or public disorder. Petitioners argued that a perusal of P.D. No. 9 shows that the prohibited acts need not be related to subversive activities and that they are essentially malum prohibitum penalized for reasons of public policy. ISSUE: W/N P.D. No. 9 shows that the prohibited acts need not be related to subversive activities. HELD: The primary rule in the construction and interpretation of a legislative measure is to search for and determine the intent and spirit of the law. Legislative intent is the controlling factor. Because of the problem of determining what acts fall under P.D. 9, it becomes necessary to inquire into the intent and spirit of the decree and this can be found among others in the preamble or whereas clauses which enumerate the facts or events which justify the promulgation of the decree and the stiff sanctions stated therein.