PEOPLE V MAPA (G.R. No.

L-2230, August 30, 1967)

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FACTS: The herein accused was working as a secret agent under the governor of Batangas. He
was convicted for illegal possession of firearms for having one home-made revolver (Paltik), Cal.
22, without serial number, with six (6) rounds of ammunition, without first having secured the
necessary license or permit therefor from the corresponding authorities. He, without hesitation
admitted the possession of such yet submits to this court a pure question of law.

ISSUE:
whether or not the appointment to and holding of the position of a secret agent to the provincial
governor would constitute a sufficient defense to a prosecution for the crime of illegal possession
of firearm and ammunition.

(whether or not the appointment as a secret agent exempts one from obtaining a license for a
firearm under his custody.)

RULING:

The law is explicit that except as thereafter specifically allowed, "it shall be unlawful for any person
to . . . possess any firearm, detached parts of firearms or ammunition therefor, or any instrument or
implement used or intended to be used in the manufacture of firearms, parts of firearms, or
ammunition."5 The next section provides that "firearms and ammunition regularly and lawfully
issued to officers, soldiers, sailors, or marines [of the Armed Forces of the Philippines], the
Philippine Constabulary, guards in the employment of the Bureau of Prisons, municipal police,
provincial governors, lieutenant governors, provincial treasurers, municipal treasurers, municipal
mayors, and guards of provincial prisoners and jails," are not covered "when such firearms are in
possession of such officials and public servants for use in the performance of their official duties."

No provision is made for a secret agent. As such he is not exempt, therefore, he must obtain a
license, without which, he would be guilty of the crime.