People v.

Jabinal

G.R. No. L-30061. February 27, 1974

Solicitor General Felix V. Makasiar and Solicitor Antonio M. Martinez representing the
People of the Philippines led a case against Pedro Panganiban Tolentino for the crime of
illegal possession of rearm and ammunition and sentencing the appellant to su er an
indeterminate penalty ranging from one year and one day to two years imprisonment.

Facts:

Appellant carries an illegal rearm and ammunition a revolver Cal. .22, RG-8 German made
with one live ammunition and four empty shells

The Appellant has no permit or license

Appellant is an appointed secret agent by Governor Feliciano Leviste

Appellant is an appointed con dential agent from the Provincial Commander

Unlawful for any person to possess any rearm

Section 879 Revised Administrative code provides that peace o cers are exempted.

No provision is made for secret agent

Appellee Appellant

-"That on or about 9:00 o'clock, p.m., the 5th -At the arraignment on September 11, 1964, the
day of September, 1964, in the poblacion, accused entered a plea of not guilty

Municipality of Batangas, Province of

Batangas, Philippines, and within the
jurisdiction of this Honorable Court, the above-
named accused, a person not authorized by
law, did then and there wilfully, unlawfully and
feloniously keep in his possession, custody
and direct control a revolver Cal. .22, RG-8
German made with one (1) live ammunition and
four (4) empty shells without rst securing the
necessary permit or license to possess the
same."

-The accused admitted that on September 5,

1964, he was in possession of the revolver and
the ammunition described in the complaint,
without the requisite license or permit

-He, however, 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 an
appointment as Con dential Agent from the PC
Provincial Commander, and the said
appointments expressly carried with them the
authority to possess and carry the rearm in
question.

fi
fi
fi
fi
fi
fi
fi
fi
ffi
ff
 Appellee Appellant

-The accused contended before the courta quo

that in view of his above-mentioned appointments
as Secret Agent and Con dential Agent, with
authority to possess the rearm subject matter of
the prosecution, he was entitled to acquittal on
the basis of the Supreme Court's decisions in
People v. Macarandang and People v. Lucero.

-The Solicitor General is of the rst view, and

he accordingly recommends reversal of the
appealed judgment.

The Court held that while it is true that the Governor has no authority to issue any
rearm license or permit, nevertheless, section 879 of the Revised Administrative Code
provides that "peace o cers" are exempted from the requirements relating to the issuance of a
license to possess rearms; and Macarandang's appointment as Secret Agent to assist in the
maintenance of peace and order and detection of crimes, su ciently placed him in the
category of a "peace o cer" equivalent even to a member of the municipal police who under
section 879 of the Revised Administrative Code are exempted from the requirements relating to
the issuance of a license to possess rearms.

In Lucero, The Court held that under the circumstances of the case, the granting of the
temporary use of the rearm to the accused was a necessary means to carry out the lawful
purpose of the battalion commander and must be deemed the incident to or necessarily
included in the duty and power of said military commander to e ect the capture of a Huk
leader.

The Court sustained the judgment of conviction on the following ground:

The Court noted that when the appellant was appointed Secret Agent by the
Provincial Government in 1962, and Con dential Agent by the Provincial Commander in 1964

The Court considers that appellant was conferred his appointments as Secret Agent
and Con dential Agent and authorized to possess a rearm pursuant to the prevailing doctrine
enunciated in Macarandang and Lucero, under which no criminal liability would attach to his
possession of said rearm in spite of the absence of a license and permit therefor, appellant
must be absolved appellant may not be punished for an act which at the time it was done was
held not to be punishable.

The Court judgment appealed is hereby reversed, and the appellant is acquitted, with
costs de o cio (each party bears his own expense).

fi
fi
fi
fi
fi
fi
fi
ffi
ffi
fi
fi
fi
fi
fi
ffi
ff
 People v. Jabinal
G.R. No. L-30061. February 27, 1974

FACTS:

Solicitor General Felix V. Makasiar and Solicitor Antonio M. Martinez

representing the People of the Philippines led a case against Pedro Panganiban
Tolentino sentencing him to su er an indeterminate penalty ranging from one (1) year and one
(1) day to two (2) years imprisonment, because the defendant is not authorized by law, did then
and there wilfully, unlawfully, and feloniously keep in his possession, custody, and direct control
a revolver Cal. .22, RG-8 German made with one (1) live ammunition and four (4) empty shells
without rst securing the necessary permit or license to possess the same. in the Poblacion,
Municipality of Batangas, Province of Batangas, on or about 9:00 p.m., the 5th day of
September 1964. The defendant admitted that he was in possession of the revolver and the
ammunition described in the complaint, without the requisite license or permit, however, the
defendant 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 an
appointment as Con dential Agent from the PC Provincial Commander, and the said
appointments expressly carried with them the authority to possess and carry the rearm in
question.

ISSUES:

Whether or not, the defendant should be acquitted base in the rulings of the Supreme
Court

RULING:

The Court advert to there decisions in People v. Macarandang, supra, People v.

Lucero, supra, and People v. Mapa, supra.

In Macarandang, the Court reversed the trial court's judgment of conviction against the
accused because it was shown that at the time he was found to possess a certain rearm and
ammunition without license or permit, he had an appointment from the Provincial Governor as
Secret Agent to assist in the maintenance of peace and order and in the detection of crimes,
with authority to hold and carry the said rearm and ammunition.

The Court held that while it is true that the Governor has no authority to issue any
rearm license or permit, nevertheless, section 879 of the Revised Administrative Code
fi
fi
fi
ff
fi
fi
fi
fi
 provides that "peace o cers" are exempted from the requirements relating to the issuance of
license to possess rearms.

At Macarandang's appointment as Secret Agent to assist in the maintenance of peace

and order and detection of crimes, su ciently placed him in the category of a "peace o cer"
equivalent even to a member of the municipal police who under section 879 of the Revised
Administrative Code are exempted from the requirements relating to the issuance of license to
possess rearms.

And the trial court, presents the basis of the evidence of record the accused had really
been appointed Secret Agent and Con dential Agent by the Provincial Governor and the PC
Provincial Commander of Batangas, respectively, with authority to possess and carry the
rearm.

And the Solicitor General is of the rst view, and he accordingly recommends the
reversal of the appealed judgment.

The Court considers that the appellant was conferred his appointments as Secret
Agent and Con dential Agent and authorized to possess a rearm pursuant to the prevailing
doctrine enunciated in Macarandang and Lucero, under which no criminal liability would attach
to his possession of said rearm in spite of the absence of a license and permit therefor,
appellant must be absolved. Certainly, appellant may not be punished for an act which at the
time it was done was held not to be punishable.

The Court judgment appealed is hereby reversed, and the appellant is acquitted, with
costs de o cio.
fi
fi
fi
fi
fi
ffi
fi
ffi
fi
fi
fi
ffi