People vs.

Jabinal

55 SCRA 607 27 February 1974

Antonio J.

Facts:

The instant case was an appeal form the judgment of the Municipal Court of Batangas
finding the accused guilty of the crime of illegal possession of firearm and
ammunition. The validity of the conviction was based upon a retroactive application of
the Supreme Court’s ruling in People vs. Mapa.

As to the facts, a determined by the trial court, the accused admitted that on September
5, 1964, he was in possession of the revolver and the ammunition described in the
complaint was without the requisite license a permit. He however, contended that he
was a SECRET AGENT appointed by the governor, and was likewise subsequently
appended as Confidential Agent, which granted him the authority to possess fire arm in
the performance of his official duties as peace officer. Relying on the Supreme Court’s
decision in People vs. Macarandang and People vs. Lucero, the accused sought for his
aquittal.

Noting and agreeing to the evidence presented by the accused, the trial court
nonetheless decided otherwise, citing that People vs. Macarandang and People vs.
Lucero were reversed and subsequently abandoned in people vs. mapa.

Issue:

Should appellant be acquitted on the bases of Supreme Court rulings in Macarandana

and Lucero, or should his conviction stand in view of the completer reversal of
Macarandang and Lucero doctrine in Mapa?

Ruling:

The judgment appealed was reversed, and the appellant was acquitted.

Reason:

The doctrine laid down in lucero and Macarandang was part of the jurisprudence,
hence, of the law, at the time appellant was found in possession of fire arm in question
and he was arraigned by the trial court. It is true that the doctrine was overruled in
Mapa case in 1967, but when a doctrine of the Supreme Court is overruled and a new
one is adopted, the new doctrine should be applied prospectively, and should not apply
to parties who had relied on the old doctrine and acted on the faith thereof.