People V Licera

G.R. No. L-39990 July 22, 1975

Facts:

 Rafael Licera was convicted by the Court of First Instance of Occidental Mindoro for illegal
possession of a Winchester rifle, Model 55, Caliber .30, and was sentenced to five years of
imprisonment.

 The complaint was filed by the Chief of Police of Abra de Ilog, Occidental Mindoro, on December
3, 1965.

 Licera appealed the municipal court's judgment to the Court of First Instance, where a joint trial
was conducted for the illegal possession of a firearm and another case for assault upon an agent
of a person in authority.

 Licera was acquitted of the charge of assault but convicted of illegal possession of a firearm,
with a five-year prison sentence.

Issue: Whether Licera, appointed as a secret agent by Governor Feliciano Leviste, is exempt from the
requirement of a firearm license, based on the appointment and the interpretation of relevant laws.

Supreme Court's Ruling: Yes, Licera is exempt from the requirement of a firearm license.

Explanation:

1. Licera invokes his appointment as a secret agent on December 11, 1961, by Governor Feliciano
Leviste, as legal justification for possessing the Winchester rifle.

2. Licera argues that, based on People vs. Macarandang, he, as a secret agent, qualifies as a "peace
officer" exempt from firearm license requirements.

3. The Court notes that Licera's appointment includes a grant of authority to bear a firearm in
connection with the performance of duties, referencing the Supreme Court decision in G.R. No.
L-12088 dated December 23, 1959.

4. The Court applies Article 8 of the Civil Code of the Philippines, stating that judicial decisions form
part of the legal system and constitute evidence of what laws mean.

5. The Macarandang rule, prevailing at the time of Licera's appointment and arrest, considered
secret agents as "peace officers" exempt from firearm license requirements.

6. Although People vs. Mapa, which revoked the Macarandang precedent, was decided in 1967,
the Court emphasizes that new doctrines should not adversely affect those favored by the old
rule, especially those who relied on it.

7. Pursuant to the Macarandang rule, Licera incurred no criminal liability for possessing the rifle
without a license.

Conclusion: The Supreme Court reverses the judgment of the lower court, acquits Rafael Licera, and
rules that he is exempt from criminal liability for the illegal possession of the Winchester rifle based on
his appointment as a secret agent. The Court emphasizes the application of the Macarandang rule at the
time of Licera's appointment and arrest, rendering him exempt from firearm license requirements.