January 1951 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
Philippine Supreme Court Jurisprudence > Year 1951 > January 1951 Decisions >
G.R. No. L-3337 January 9, 1951 - PEOPLE OF THE PHIL. v. GODOFREDO A. RIVERA
088 Phil 48:
088 Phil 48:
EN BANC
[G.R. No. L-3337. January 9, 1951.]
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellant, v. GODOFREDO RIVERA Y AVILA, Defendant-Appellee.
Asst. Solicitor Inocencio Rosal and Solicitor Pacifico P. de Castro, for Appellant.
Arsenio B. Cruz, for Appellee.
SYLLABUS
1. CRIMINAL LAW; ILLEGAL POSSESSION OF FIREARMS. — An unlicensed holder of firearm from criminal liability if found making use thereof in self-defense or carrying it on his person to be surrendered to the proper authorities, only on or before August 31, 1946. (Sec. 2 of Rep. Act No. 4; President’s proclamation No. 1 dated July 29, 1946).
D E C I S I O N
PARAS, J.:
On July 15, 1949, the defendant was charged in the Court of First Instance of Manila with having willfully, unlawfully and feloniously held in his possession and under his control a carbine with twelve rounds of ammunitions, without first having secured the necessary license, in violation of sections 878 and 2692 of the Revised Administrative Code, as amended by Commonwealth Act No. 56 and Republic Act No. 4. The defendant filed a motion to quash on the ground that the information does not state facts sufficient to constitute a cause of action, which motion was sustained in the order of the Court of First Instance of Manila dated September 17, 1949. From this order the Government has appealed.
Section 1 of Republic Act No. 4 outlaws, among others, the possession of firearms without license. Section 2 provides, however, that any person in possession of any unlicensed firearm may, without incurring any criminal liability, surrender the same to such officer and within such period of time as the President shall by proclamation designate and fix, but that said provision shall not be interpreted to mean as in any way exempting from such liability any person, without the requisite license, found, within the aforementioned period of time, making use of said firearm except in self-defense, or carrying it on his person except for the purpose of surrendering it as required in said Act. Accordingly, the President issued Proclamation No. 1, dated July 20, 1946, fixing August 31, 1946, as the last day for surrendering all unlicensed firearms without incurring any criminal liability.
The lower court, sustaining the contention of the defendant, relied upon the ruling in People v. Santos Lopez y Jacinto, 45 O. G. 2089 *, to the effect that the information was insufficient in that it failed to specify the circumstances under which the accused possessed the firearm in question. The citation is clearly not applicable, for the conspicuous reason that the possession involved therein took place on August 21, 1946, or within the period fixed by Proclamation No. 1. Upon the other hand, the illegal possession of which the defendant is accused in the present case was allegedly committed on July 14, 1949, or long after August 31, 1946, the last day fixed by Proclamation No. 1 for surrendering unlicensed firearms without incurring criminal liability.
Counsel for appellee, however, contends that although the period for the surrender of unlicensed firearms without incurring criminal liability expired on August 31, 1946, Proclamation No. 1 did not limit the period for possessing firearms without license, for purposes of self-defense. This construction is clearly untenable and absurd. Under section 2 of Republic Act No. 4, an unlicensed holder of firearm is exempt from criminal liability if found making use thereof in self-defense "within the aforementioned period," or only on or before August 31, 1946. The plain intention of the law was to legalize the possession of unlicensed firearms within a limited period, merely to the end that they may be surrendered within said period without incurring criminal liability. After the expiration of the period for surrender, it would be illogical to suppose that unlicensed firearms may still be legally kept for purposes of self-defense, because, if said firearms cannot even be surrendered without incurring criminal liability, it is evidently in view of the fact that unlicensed possession is, in the first place, outlawed and penalized.
Wherefore, the appealed order is reversed and the case remanded to the lower court for further proceedings. So ordered, without costs.
Moran, C.J., Feria, Pablo, Bengzon, Padilla, Tuason, Montemayor, Reyes and Jugo, JJ., concur.
Footnote
* 79 Phil., 658.
Section 1 of Republic Act No. 4 outlaws, among others, the possession of firearms without license. Section 2 provides, however, that any person in possession of any unlicensed firearm may, without incurring any criminal liability, surrender the same to such officer and within such period of time as the President shall by proclamation designate and fix, but that said provision shall not be interpreted to mean as in any way exempting from such liability any person, without the requisite license, found, within the aforementioned period of time, making use of said firearm except in self-defense, or carrying it on his person except for the purpose of surrendering it as required in said Act. Accordingly, the President issued Proclamation No. 1, dated July 20, 1946, fixing August 31, 1946, as the last day for surrendering all unlicensed firearms without incurring any criminal liability.
The lower court, sustaining the contention of the defendant, relied upon the ruling in People v. Santos Lopez y Jacinto, 45 O. G. 2089 *, to the effect that the information was insufficient in that it failed to specify the circumstances under which the accused possessed the firearm in question. The citation is clearly not applicable, for the conspicuous reason that the possession involved therein took place on August 21, 1946, or within the period fixed by Proclamation No. 1. Upon the other hand, the illegal possession of which the defendant is accused in the present case was allegedly committed on July 14, 1949, or long after August 31, 1946, the last day fixed by Proclamation No. 1 for surrendering unlicensed firearms without incurring criminal liability.
Counsel for appellee, however, contends that although the period for the surrender of unlicensed firearms without incurring criminal liability expired on August 31, 1946, Proclamation No. 1 did not limit the period for possessing firearms without license, for purposes of self-defense. This construction is clearly untenable and absurd. Under section 2 of Republic Act No. 4, an unlicensed holder of firearm is exempt from criminal liability if found making use thereof in self-defense "within the aforementioned period," or only on or before August 31, 1946. The plain intention of the law was to legalize the possession of unlicensed firearms within a limited period, merely to the end that they may be surrendered within said period without incurring criminal liability. After the expiration of the period for surrender, it would be illogical to suppose that unlicensed firearms may still be legally kept for purposes of self-defense, because, if said firearms cannot even be surrendered without incurring criminal liability, it is evidently in view of the fact that unlicensed possession is, in the first place, outlawed and penalized.
Wherefore, the appealed order is reversed and the case remanded to the lower court for further proceedings. So ordered, without costs.
Moran, C.J., Feria, Pablo, Bengzon, Padilla, Tuason, Montemayor, Reyes and Jugo, JJ., concur.
Footnote
* 79 Phil., 658.
January-1951 Jurisprudence
G.R. No. L-3023 January 3, 1951 - PEOPLE OF THE PHIL.vs. PACIANO MADRID
088 Phil 1
G.R. No. L-1565 January 9, 1951 - PEOPLE OF THE PHIL.vs. JOSE DIMZON
088 Phil 16
G.R. No. L-2323 January 9, 1951 - PEOPLE OF THE PHIL.vs. MATIAS ALMAZAN
088 Phil25cralaw:red
G.R. No. L-3012 January 9, 1951 - PEOPLE OF THE PHIL. v. OSIAS DE LA CRUZ, ET AL.
088 Phil 29
G.R. No. L-3090 January 9, 1951 - PEOPLE OF THE PHIL. v. RICARDO LIMACO
088 Phil 35
G.R. No. L-3289 January 9, 1951 - CAYETANA AQUINO VDA. DE VILLACORTA v. JULIO VENERACION
088 Phil 44
G.R. No. L-3337 January 9, 1951 - PEOPLE OF THE PHIL. v. GODOFREDO A. RIVERA
088 Phil 48
G.R. No. L-3459 January 9, 1951 - PEOPLE OF THE PHIL. v. MARIA DEL CARMEN, ET AL.
088 Phil 51
G.R. No. L-2313 January 10, 1951 - PEOPLE OF THE PHIL. v. JESUS (alias ERNESTO QUILLOY)
088 Phil 53
G.R. No. L-2537 January 10, 1951 - PEOPLE OF THE PHIL. v. FERNANDO MARTIN
088 Phil 57
G.R. No. L-2947 January 11, 1951 - MANILA RACE HORSE TRAINERS ASSOCIATION v. MANUEL DE LA FUENTE
088 Phil 60
G.R. No. L-3302 January 11, 1951 - INTERPROVINCIAL AUTOBUS COMPANY v. ROMAN MABANAG
088 Phil 66
G.R. No. L-3500 January 12, 1951 - ROBERT C. PEYER v. FELIX MARTINEZ, ET AL.
088 Phil 72
G.R. No. L-1854 January 18, 1951 - CARLOS FRANCISCO, ET AL. v. JOSE DE BORJA
088 Phil 83
G.R. No. L-4268 January 18, 1951 - MANILA HERALD PUBLISHING CO., INC. v. SIMEON RAMOS, ET AL.
088 Phil 94
G.R. No. L-2207 January 23, 1951 - TRINIDAD GONZAGA DE CABAUATAN, ET AL. v. UY HOO, ET AL.
088 Phil 103
G.R. No. L-2920 January 23, 1951 - JOSEFA A. VDA. DE CLAUDIO, ET AL. v. CRISANTO ARAGON
088 Phil 107
G.R. No. L-3354 January 25, 1951 - IN RE: TAN HI v. REPUBLIC OF THE PHIL.
088 Phil 117
G.R. No. L-1746 January 31, 1951 - PEOPLE OF THE PHIL. v. MORO DISIMBAN
088 Phil 120
G.R. No. L-2246 January 31, 1951 - JOVITO R. SALONGA v. WARNER BARNES & CO., LTD.
088 Phil 125
G.R. No. L-2785 January 31, 1951 - JOSE CLEVIO MANLIO SQUILLANTINI v. REPUBLICA DE FILIPINAS
088 Phil 135
G.R. Nos. L-2961-2964 January 31, 1951 - PEOPLE OF THE PHIL. v. PEDRO CAEL, ET AL.
088 Phil 137
G.R. No. L-3038 January 31, 1951 - VISITACION A. GACULA v. PILAR MARTINEZ, ET AL.
088 Phil 142
G.R. No. L-3506 January 31, 1951 - PEPSI-COLA BOTTLING COMPANY OF THE PHIL. v. PHILIPPINE LABOR ORGANIZATIONS
088 Phil 147
088 Phil 1
088 Phil 16
088 Phil25cralaw:red
088 Phil 29
088 Phil 35
088 Phil 44
088 Phil 48
088 Phil 51
088 Phil 53
088 Phil 57
088 Phil 60
088 Phil 66
088 Phil 72
088 Phil 83
088 Phil 94
088 Phil 103
088 Phil 107
088 Phil 117
088 Phil 120
088 Phil 125
088 Phil 135
088 Phil 137
088 Phil 142
088 Phil 147