G.R. No.

L-22301 August 30, 1967

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

MARIO MAPA Y MAPULONG, defendant-appellant.

FACTS:

On or about the 13th day of August, 1962, in the City of Manila, Philippines, the said accused did
then and there wilfully and unlawfully have in his possession and under his custody and control 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. The appelant was found guilty of violating Section 878 in connection with section 2692
of the Revised Administrative Code, as amended by Commonwealth Act No 56, as further amended
by RA No 4 ( Illegal possession of firearms) and was sentenced to an indeterminate penalty from one
year and one day to two years and to pay the costs.

ISSUE:

Whether or not the accused is exempt from obtaining a license or permit for a firearm even if he is
deemed as a secret agent for a public official.

ANALYSIS:

No, being a secret agent for a government official does not exempt an individual in securing the
necessary permit or license needed for his firearm. Sec. 878 as amended by Republic Act No. 4,
Revised Administrative Code explicitly states that '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."
Rendering the accused guilty of such offense, the court highlighted Section 879 of the Revised
Administrative Code or the exceptions implied by law and there is no provision made for a secret
agent.

RULING:

The Supreme Court affirmed the lower court's decision.