CASE DIGEST FACTS People vs.

Jabinal

FACTS:

Jose Jabinal was found guilty of the crime of Illegal Possession of Firearm and Ammunition. and was
sentenced to suffer imprisonment.

He admitted that he was in possession of a cal. 22 revolver, live ammunition and empty shells without
the requisite license or permit. He entered a plea of not guilty but claimed to be entitled to exoneration
because, although he had no license or permit, he had an appointment as Secret Agent from the
Provincial Governor of Batangas. And as Confidential Agent from the PC Provincial Commander. Such
appointments carried with them the authority to possess and carry the firearm in question. This was
attested to by an appointment letter from Governor Feliciano Leviste, dated December 10, 1962.

The accused contended before the court a quo that in view of his above-mentioned appointments as
Secret Agent and Confidential Agent, with authority to possess the firearm subject matter of the
prosecution, he was entitled to acquittal on the basis of the Supreme Court’s decision in People vs.
Macarandang(1959) and People vs. Lucero(1958).

The trial court, however, based on a reversal and abandonment of the mentioned cases in People vs.
Mapa (1967), held Jabinal criminally liable for illegal possession of a firearm and ammunition.