People, plaintiff-appellee v.

Mapa defendant-appellantGR L-22301, 30 August 1967 (20 SCRA 1164)En Banc, Fernando (p): 9 concur Francisco P. Cabigao for defendant andappellant.Solicitor General Arturo A. Alafriz, Asst. Solicitor General F .R. Rosete and Solicitor O. C .Hernandez for plaintiff and appellee. Facts: Mario M. Mapa was charged for illegal possession of firearm and ammunition in an information dated 14 August 1962 in violation of Section 878 of the Revise Administrative Code in connection with Section 2692 of the Revised Administrative Code, as amended by CA 56 and as further amended by RA 4 (home-made revolver (Paltik), Cal. 22, without serial number, with six (6) rounds of ammunition, without first having secured the necessary license or permit therefor from the corresponding authorities)Accused admits to possession of firearm on ground of being a secret agent of Governor Feliciano Leviste of Batangas. On 27 November 1963, the lower court rendered a decision convicting the accused of the crime and sentenced him to imprisonment for one year and one day to two years. As the appeal involves a question of law, it was elevated to the Supreme Court. Issue: Whether or not a secret agent duly appointed and qualified as such of the governor is exempt from the requirement of having a license of firearm Held: The law is explicit that it is 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 (Sec 878 RA 4 of the RAC) except when such firearms are in possession of such public officials and public servants for use in the performance of their official duties; as those firearms and ammunitions which are regularly and lawfully issued to officers, soldiers, sailors or marines, the Philippines 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 (Sec 879) It is the first and fundamental duty of courts to apply the law; Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them. The law cannot be any clearer, there being no provision made for a secret agent. Reliance in the decision in People v. Macarandang is misplaced, and the case no longer speaks with authority to the extent tha tthe present decision conflicts with. It may be note that in People v. Macarandang, a secret agent was acquitted on appeal on the assumption that the appointment of the accused as a secret agent to assist in the maintenance of peace and order campaigns and detection 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, Thus, in the present case, therefore, the conviction must stand. The Supreme Court affirmed the appealed judgment.