Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1946 > February 1946 Decisions > G.R. No. L-98 February 19, 1946 - PEOPLE OF THE PHIL. v. TOMAS S. TEODORO

076 Phil 163:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-98. February 19, 1946.]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. TOMAS TEODORO Y SANCHEZ, Defendant-Appellant.

Fidel Sicam for Appellant.

First Assistant Solicitor General Reyes, Assistant Solicitor General Canizares, and Solicitor Torres for Appellee.

SYLLABUS


1. CRIMINAL LAW; ILLEGAL POSSESSION OF FIREARMS; EXEMPTION OF RECOGNIZED GUERRILLAS BEFORE DEMOBILIZATION ORDER. — If the possession of firearms, before the demobilization order, by unrecognized guerillas is not criminally punishable, a member of a recognized guerrilla organization having such possession, should a fortiori be entitled to clearance.


D E C I S I O N


BENGZON, J.:


Late in the afternoon of August 13, 1945, Patrolman Saturnino Villasin, with some companions, conducted a search of the house at 1617 Economia Street, Sampaloc, Manila. In a carton box, full of clothes, they saw a pistol, caliber .22, with six bullets. The accused, Tomas Teodoro y Sanchez, who lived there and who happened to be absent, was called, and admitted to the officers that the firearm belonged to him, and that he had no license therefor; but he claimed to have purchased it in February, 1945, for self-protection, as member of a guerrilla unit, because there were Japanese snipers in Manila at that time.

Haled into court for illegal possession of the deadly weapon, he repeated the same explanation under oath, and offered the corroborative testimony of Vidal G. Escudal, Company Commander of the PQOG, (President Quezon’s Own Guerrilla) Second Corps, a recognized unit. This witness swore that Tomas Teodoro y Sanchez was a regular member of his organization; that in February, 1945, Teodoro showed the pistol to him; that he advised Teodoro to keep it, and to surrender it when the time arrived for "processing" into the Army.

Having doubts as to the date defendant had joined the resistance movements, and holding that prior to August 13, 1945, all possessors of firearms, including guerillas, had been required to surrender their guns to the authorities, the trial judge held him guilty, as charged.

In this appeal, the Solicitor General recommends acquittal, because the day the accused was found in possession of the firearm, Proclamation No. 17, directing the surrender of all unlicensed firearms and ammunitions, and Executive Order No. 68, disbanding unrecognized guerrilla units and ordering their members to turn in all arms and ammunition, had not yet been issued, said government decrees having been signed by the President only on September 26, 1945. 1

It is undenied that defendant and appellant was a member of a recognized guerillas organization. Therefore, if possession of firearms, before the demobilization order, by unrecognized guerillas should not be criminally punished, appellant should a fortiori be entitled to clearance.

Judgment reversed. Appellant acquitted, with costs de oficio.

Ozaeta, De Joya, Perfecto, and Hilado, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






February-1946 Jurisprudence                 

  • G.R. No. L-39 February 1, 1946 - PEOPLE OF THE PHIL. v. JULIAN ABANA

    076 Phil 1

  • G.R. No. L-51 February 1, 1946 - VICTORIA LICHAUCO v. MANUEL GUASH

    076 Phil 5

  • G.R. No. L-89 February 1, 1946 - JOSE TOPACIO NUENO, ET AL v. GERARDO ANGELES, ET AL

    076 Phil 12

  • G.R. No. L-112 February 1, 1946 - JOSE MITSCHIENER v. CONRADO BARRIOS, ET AL

    076 Phil 55

  • C.A. No. 227 February 1, 1946 - PEOPLE OF THE PHIL. v. LEON CASTILLO, ET AL.

    076 Phil 72

  • G.R. No. L-24 February 6, 1946 - EL PUEBLO DE LAS ISLAS FILIPINAS v. FELIPE LUNA

    076 Phil 101

  • G.R. No. L. -65 February 6, 1916

    ADELA G. ESTRELLA, ET AL v. BRAULIO SANGALANG

    076 Phil 108

  • G.R. No. L-75 February 6, 1946 - PHIL. SUGAR ESTATES DEVELOPMENT CO. v. GABRIELA PRUDENCIO

    076 Phil 111

  • G.R. No. L-180 February 6, 1946 - EUGENIO EVANGELISTA v. M. L. DE LA ROSA

    076 Phil 115

  • C.A. No. 762 February 6, 1946 - PEOPLE OF THE PHIL. v. SILVERIO NEBREJA, ET AL.

    076 Phil 119

  • C.A. No. 501 February 11, 1946 - MERCEDES SOMERA VDA. DE NAVARRO Y OTROS v. TOMAS NAVARRO Y OTROS

    076 Phil 122

  • G.R. No. L-72 February 14, 1946 - CATALINA CRUZ y ELIGIO GUMATAY v. DoMINGA AVILA

    076 Phil 133

  • G.R. No. L-77 February 15, 1946 - EL PUEBLO DE LAS ISLAS FILIPINAS v. LIWANAG QUEMUEL Y BERNARDO

    076 Phil 135

  • G.R. No. L-114 February 15, 1946 - AQUILINO DACANAY, ET AL. v. ANTONIO G. LUCERO

    076 Phil 139

  • G.R. No. L-62 February 18, 1946 - OLIMPIA K. VDA. DE DIMAYUGA v. GASPARA RAYMUNDO, ET AL

    076 Phil 143

  • G.R. No. L-98 February 19, 1946 - PEOPLE OF THE PHIL. v. TOMAS S. TEODORO

    076 Phil 163

  • G.R. No. L-195 February 20, 1946 - FRANCISCO ARCEGA v. DOROTEO DIZON

    076 Phil 164

  • G.R. No. L-52 February 21, 1946 - PEOPLE OF THE PHIL. v. TEODORO DE LA CRUZ Y TOJOS, ET AL

    076 Phil 169

  • Adm. Matter No. 384 February 21, 1946 - PEOPLE OF THE PHIL. v. NICOLAS JAURIGUE, ET AL

    076 Phil 174

  • Adm. Case No. 226 February 25, 1946 - PEOPLE OF THE PHIL. v. DELFIN BAUTISTA

    076 Phil 184

  • G.R. No. L-57 February 25, 1946 - JOSE BELMONTE v. ANGEL MARIN

    076 Phil 198

  • G.R. No. L-45 February 26, 1946 - ANGEL JOSE REALTY CORP. v. FELIX GALAO, ET AL.

    076 Phil 201

  • G.R. No. L-71 February 26, 1946 - DIRECTOR OF LANDS v. ALEJO ABISIA, ET AL.

    076 Phil 205

  • G.R. No. L- 225 February 26, 1946 - MAGDALENA COBARRUBIAS v. ARSENIO P. DIZON, ET AL

    076 Phil 209

  • G.R. No. L-43 February 27, 1946 - PILAR DOMINGO VDA. DE BUHAY v. CARMEN COBARRUBIAS

    076 Phil 213

  • G.R. No. L-73 February 27, 1946 - FRANCISCO MANALAC v. GREGORIA C. GARCIA

    076 Phil 216

  • G.R. No. L-118 February 28, 1946 - PEOPLE OF THE PHIL. v. ALEX JUREIDINI

    076 Phil 219

  • G.R. No. L-144 February 28, 1946 - ALEJANDRO RODULFA v. FRANCISCO ALFONSO, ET AL

    076 Phil 225

  • Adm. Matter No. 70 February 28, 1946 - COMMONWEALTH OF THE PHIL. v. MIGUEL BATAC

    076 Phil 233