Today is Sunday, September 15, 2019

Custom Search

Constitution Statutes Executive Issuances Judicial Issuances Other Issuances Jurisprudence International Legal Resources AUSL Exclusive

Republic of the Philippines

SUPREME COURT
Manila

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.:

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: 1awphi1.net

TO WHOM IT MAY CONCERN:

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.

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. lawphi1.net

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.

https://lawphil.net/judjuris/juri1959/dec1959/gr_l-12088_1959.html 15/09/2019, 5?09 AM

Page 1 of 2
 Wherefore, the decision appealed from is reversed and accused acquitted, with costs de officio. So ordered.

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

The Lawphil Project - Arellano Law Foundation

https://lawphil.net/judjuris/juri1959/dec1959/gr_l-12088_1959.html 15/09/2019, 5?09 AM

Page 2 of 2