Case Digest • Civil law

People of the Philippines vs. Lucero

GR. No. L-10845| Promulgation Date: April 28, 1958
Ponente: Alejo Labrador
Facts:
Ambrocio Lucero accepted a commission from Lt. Severino F. De Jesus, to capture Angel Aviso and he was given a
Revolver, caliber .38, Serial No. 43831 given to him for a legal purpose. The RTC held him guilty for illegal possessi-
sion of firearms. Hence, this appeal to the supreme court to give him exemption for criminal liability because
questions of law are raised therein he was caught on February 7, 1953 in the Municipality of Navotas, Rizal.
The lieutenant who issued the gun to him does not have the authority to grand defendant-appellant authority to
possess the firearm, this power being granted under the provisions of Section 887 and 888 of the Revised
Administrative Code of the Philippines.

Issue/s:
The issue in the case is whether Lucero should be held criminally liable for illegal possession.

Ruling:
It was deemed that the military commander has a right to appoint a civilian and temporarily entrust to him a
weapon because of the fact that the effectivity of a civillian informer with a weapon would be much more
compared to someone who's unarmed. Hence the court reversed the Decision of the RTC.

Doctrine:

Santos | Case Digest “Dura lex, sed lex”

Santos | Case Digest “Dura lex, sed lex”
Santos | Case Digest “Dura lex, sed lex”