PEOPLE OF THE PHILIPPINES VS. EDUARDO B.

NERI
GR NO. L- 37762, DECEMBER 19, 1985
PONENTE: J. CONCEPCION JR.

FACTS:

Eduardo B. Neri was charged with the crime of Illegal Possession of Firearms.
The firearms were issued by the Provincial Governor of Lanao Del Norte to be used of
his duties as Deputy Governor and had been issued a permit by the Acting PC
Provincial commander to carry said firearms outside his residence. After trial, the City
Court of Cagayan de Oro found him guilty therefrom. The accused appealed that
relies upon the decision of the Court of Appeals, where members of a civilian guard
organization were acquitted because they had no intention to commit the offense
charged and believed in good faith.

ISSUE:

Whether or not the accused can carry firearm without license except the one
issued to him by the Provincial Governor and the issuance of Special Permit without
violating the provisions of the Revised Administrative Code?

RULING:

Special Permit which refers to its issuance by the President of the Philippines
may issue or cause to be issued to any subordinate official or employee of any Bureau
of National Government upon application of the Chief of Bureau provided by the
terms and conditions as the President may consider proper. Apparently, the permit
granted to the accused by the Acting Provincial Commander to carry firearm outside
residence is not the permit denoted to a said Sec 881. Furthermore, the revolver is a
homemade firearm generally identified as “paltik” which denotes the manufacture
and or/ possession of which is clearly prohibited by law.

The accused being the Deputy Governor essential to know that an act which
is illegal by itself cannot be given semblance of legality either by the provincial
governor or the provincial commander. Ignorantia juris Non Excusat (Art 3 of the Civil
Code). The court finally ruled that the decision of the City Court of Cagayan de Oro
hereby AFFIRMED with cost against the appellant.