Beruflich Dokumente
Kultur Dokumente
GR No. 42050 intention of the decree is to penalize the acts which are related to
November 20, 1978 Proclamation 1081 which aims to suppress lawlessness,
Topic: Preamble rebellion, subversive acts, and the like.
Facts: While the preamble is not an essential part of an act and cannot
There were 26 Petitions for Review filed by the People of the enlarge or confer powers, or cure inherent defects in the statute,
Philippines represented, respectively, by the Office of the City it explains the reason which prompted the issuance of the
Fiscal of Manila, the Office of the Provincial Fiscal of Samar, and decree.
the Solicitor General consolidated into one decision.
Issue:
WON the information filed by the People is sufficient in form and
substance to constitute the offense “illegal possession of deadly
weapon” penalized under PD 9
Held:
The simple act of carrying any of the weapons described in the
Presidential decree is not a criminal offense in itself. What makes
the act criminal or punishable under the decree is the motivation
behind it. Without the motivation, the act falls within the
purview of the city ordinance or some statute when the
circumstances so warrant.