Digest by: Terence Ang

The People of the Philippines VS Mario Mapa Y. Mapulong

GR Number + Date: L-22301, August 30, 1967

Petition: Appeal for a clarification and interpretation of the lawPetitioner: The People of the PhilippinesRespondent: Mario Mapa Y. MapulongPonencia: FERNANDO, J.

DOCTRINE: Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them

FACTS:

1. Petitioner, on an Information dated August 14, 1962, was indicted for the illegal possession of a firearm and ammunition

2. Petitioner claims and is proven to be a duly appointed and qualified secret agent; appointed by the provincial governor of Batangas

3. Petitioner admits to the possession of said firearm and ammunition as well as the lack of a license for either.

4. Lower court finds respondent guilty for the crime of the illegal possession of a firearm and ammunition

5. The case at hand is brought up to the supreme court only as to a question of the law and its construction and interpretation.

ISSUES:1. Whether or not a secret agent duly

appointed and qualified as such of the provincial governor is exempt from the requirement of having a license of firearm

PROVISIONS:1. Sec. 878 as amended by Republic Act

No. 4, Revised Administrative Code states that 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.

2. Sec. 879, Revised Administrative Code further states 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."

RULING + RATIO:

1. No, a secret agent even if he is appointed by the provincial governor, is not exempt from the requirement of having to license a firearm.

2. Since there is no provision made for a secret agent, the Supreme Court must interpret that such law must be understood as to not have meant to exempt secret agents.

DISPOSITION1. Respondent is found to be guilty of the

crime of illegal possession of a firearm

2. Respondent is sentenced to an indeterminate penalty of one year and one day, to two years and to pay the costs

3. The firearm and ammunition confiscated from the respondent is forfeited in favor of the government.