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People of the Philippines vs. M.

Mapa
G.R. No. L-22301
August 30, 1967
En Banc

Facts:

The accused was convicted in violation of Sec. 878 in connection to Sec. 2692 of the Revised
Administrative Code as amended by Commonwealth Act No. 56 and further amended by R.A. 4. On
August 13, 1962, the accused was discovered to have in its possession and control a home-made
revolver cal. 22 with no license permit. In the court proceeding, the accused admitted that he owns the
gun and affirmed that it has no license. The accused further stated that he is a secret agent appointed by
Gov. Leviste of Batangas and showed evidences of appointment. In his defense, the accused presented
the case of People vs. Macarandang, stating that he must acquitted because he is a secret agent and
which may qualify into peace officers equivalent to municipal police which is covered by Art. 879.

Issue:

Whether or not holding a position of secret agent of the Governor is a proper defense to illegal
possession of firearms.

Ruling:

The Supreme Court in its decision affirmed the lower court’s decision. It stated that the law is explicit that
except as thereafter specifically allowed, "it shall be unlawful for any person to . . . possess any firearm,
detached parts of firearms or ammunition therefor, or any instrument or implement used or intended to be
used in the manufacture of firearms, parts of firearms, or ammunition." The next section provides that
"firearms and ammunition regularly and lawfully issued to officers, soldiers, sailors, or marines [of the
Armed Forces of the Philippines], the Philippine Constabulary, guards in the employment of the Bureau of
Prisons, municipal police, provincial governors, lieutenant governors, provincial treasurers, municipal
treasurers, municipal mayors, and guards of provincial prisoners and jails," are not covered "when such
firearms are in possession of such officials and public servants for use in the performance of their official
duties.
The Court construed that there is no provision for the secret agent; including it in the list therefore the
accused is not exempted.

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