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Case Digest: People vs. Jabinal
Case Digest: MUTUC VS. COMELEC
By LAPADIDAY  March 20, 2016
  No comments
G.R. No. L-32717 November 26, 1970 AMELITO
R. MUTUC vs. COMELEC FACTS: Petitioner
Mutuc was a candidate for delegate to ...
GR No. L-30061 (February 27, 1974)
Case Digest: LACSON VS. EXECUTIVE
People vs. Jabinal SECRETARY
301 SCRA 298; G.R. NO. 12809620 JAN 1999
FACTS: LACSON VS. EXECUTIVE SECRETARY Facts: 
Eleven persons believed to be members of th...
Jabinal was found guilty of the crime of Illegal Possession of Firearm and
Case Digest: Serrano vs. Gallant Maritime
Ammunition. Services, Inc and Marlow Navigation Co.,Inc.
The accused admitted that on September 5, 1964, he was in possession G.R. No. 167614               March 24, 2009
ANTONIO M. SERRANO   vs.  Gallant MARITIME
Follow of the revolver and the ammunition described in the complaint, without the SERVICES, INC...
requisite license or permit. He, however, claimed to be entitled to
exoneration because, although he had no license or permit, he had an
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appointment as Secret Agent from the Provincial Governor of Batangas
and an appointment as Confidential Agent from the PC Provincial
Case D… Commander, and the said appointments expressly carried with them the
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authority to possess and carry the firearm in question.

The accused contended before the court a quo that in view of his above-
mentioned appointments as Secret Agent and Confidential Agent, with
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authority to possess the firearm subject matter of the prosecution, he was
entitled to acquittal on the basis of the Supreme Court’s decision
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in People vs. Macarandang(1959)  and People vs. Lucero(1958) and not
on the basis of the latest reversal and abandonment in People vs. Mapa
ABOUT ME
(1967).

ISSUE:

Whether or not appellant should be acquitted on the basis of the court’s

Atty. Lapadiday
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rulings in Macarandang and Lucero, or should his conviction stand in view
of the complete reversal of the Macarandang and Lucero doctrine in
Mapa.
RULING:
Decisions of this Court, under Article 8 of the New Civil Code states that
“Judicial decisions applying or interpreting the laws or the Constitution
shall form a part of the legal system … .” The settled rule supported by
numerous authorities is a restatement of legal maxim “legis interpretatio
legis vim obtinet” — the interpretation placed upon the written law by a
competent court has the force of law.
Appellant was appointed as Secret Agent and Confidential Agent and
authorized to possess a firearm pursuant to the prevailing doctrine
enunciated in Macarandang and Lucero under which no criminal liability
would attach to his possession of said firearm in spite of the absence of a
Report Abuse license and permit therefor, appellant must be absolved. Certainly,
appellant may not be punished for an act which at the time it was done
ABOUT ME was held not to be punishable.

LAPADIDAY
The appellant was acquitted.

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Categories: case digest, GR No. L-30061, People vs. Jabinal

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