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G.R. No. L-12088           December 23, 1959
PEOPLE OF THE PHIL. vs. MORO SUMAGUINA MACARANDANG -->

EN BANC

G.R. No. L-12088           December 23, 1959

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MORO SUMAGUINA MACARANDANG, Defendant-Appellant.

Valeriano V. Rovira for appellant.
Assistant Solicitor General Guillermo E. Torres and Assistant Solicitor General Florencio Villamor for appellee.

PARAS, C. J.: chanrobles virtual law library

Moro Sumaguina Macarandang was accused an, after trial, convicted of the crime of illegal possesion of fire-arms in the Court of First Instance of Lanao under the following information:

That on or about June 8, 1954, in the Municipality of Marantao, Province of Lanao, Republic of the Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there, wilfully, unlawfully and feloniously keep and have his custody and control one Riot Gun, Winchester, 12 GA. SN-924131 and (8) rounds of ammunitions, without firs having obtained in proper license or permit therefore from competent authority.

In the present appeal the accused, admitting the ownership and of the firearm and ammunitions in question, invokes as his legal excuse or authority therefor, the appointment issued him by Governor Dimakuta as secret agent on October 1, 1953, which reads as follows:

TO WHOM IT MAY CONCERN:chanrobles virtual law library

For having shown good faith by previously surrending to this Office a firearm, Datu Sumaguina Macarandang of Kamalig, Marantao, Lanao, has been appointed SECRET AGENT of peace and order campaigns and detention of crimes. Accordingly, he is hereby authorized to hold and carry in his possession one (1) Riot Winchester Shotgun, 12 GA. Serial No. 942131 with twenty(20) rounds of ammunitions for the successful execution of his hazardous mission.chanroblesvirtualawlibrary chanrobles virtual law library

Datu Sumaguina Macarandang shall personally report to me from time to time all activities and whereabouts of lawless and wanted elements roaming in the Municipal District of Marantoa, as well as all matters affecting tranquility therein existing.

It may be true that, as held by the trial court, the Governor has no authority to issue any firearm license or permit; but section 879 of the Revise Administrative Code provides, as shown at lease by the subject matter therefor, that "peace officers" are exempted from the requirements relating to the issuance of license to possess firearms. The appointment of the accused as secret agent to the assist in the maintenance of peace and order campaigns and detention of crimes, sufficiently put him within the category of a "peace officer" equivalent even to a member of the municipal police expressly covered by section 879.chanroblesvirtualawlibrary chanrobles virtual law library

Wherefore, the decision appealed from is reversed and accused acquitted, with costs de officio. So ordered.chanroblesvirtualawlibrary chanrobles virtual law library

Bengzon, Padilla, Montemayor, Bautista Angelo. Labrador and Gutierrez David, JJ., concur.