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Philippine Supreme Court Jurisprudence > Year 1967 > August 1967 Decisions > G.R. No. L-22301 August 30,
1967 - PEOPLE OF THE PHIL. v. MARIO M. MAPA:

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EN BANC

[G.R. No. L-22301. August 30, 1967.]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARIO MAPA Y MAPULONG,

Defendant-Appellant.

Francisco P. Cabigao for defendant and Appellant.

Solicitor General Arturo A. Alafriz, Asst. Solicitor General F .R. Rosete and Solicitor O. C .
Hernandez for plaintiff and appellee.

SYLLABUS

1. STATUTORY CONSTRUCTION; DUTY OF COURTS TO APPLY THE LAW; WHEN A LAW SHOULD BE
CONSTRUED AND INTERPRETED. — The first and fundamental duty of courts is to apply the law.
Construction and interpretation come only after it has been demonstrated that application is impossible
or inadequate without them.

DebtKollect Company, Inc.
2. ILLEGAL POSSESSION OF FIREARMS; LICENSE REQUIREMENT; SECRET AGENT NOT EXEMPT; CASE AT
BAR. — As secret agent is not included in the enumeration in Section 897 of the Revised Administrative
Code of persons who are not prohibited in Section 878, Revised Administrative Code, as amended by
Republic Act No. 4, from possessing "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," appellant is not exempt from the requirement of license.

3. ID.; ID.; DOCTRINE IN PEOPLE V. MACARANDANG OVERRULED. — Reliance of the accused in the case
at bar on People v. Macarandang, 106 Phil. 713, where 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 897," is misplaced. It
is not within the power of the Supreme Court to set aside the clear and explicit mandate of a statutory
provision.

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ChanRobles Intellectual Property
Division
August-1967 Jurisprudence
G.R. No. L-20218 August 8, 1967 - FORTUNATO
HALILI v. MARIA LLORET, ET AL.
G.R. No. L-22254 August 8, 1967 - QUIRICO DEL
MAR v. REHABILITATION FINANCE CORPORATION
G.R. No. L-22966 August 10, 1967 - FAUSTO
MIPALAR v. JOSE M. SANTOS, ET AL.
G.R. No. L-21542 August 10, 1967 - IN RE: JOSEPH
C. GO YANKO v. REPUBLIC OF THE PHIL.
G.R. No. L-23558 August 10, 1967 - PEOPLE OF THE
PHIL. v. MARCELO CONSTANTINO, ET AL.
G.R. No. L-24103 August 10, 1967 - BEATRIZ G.
VDA. DE DIOS v. LEANDRO BALAGOT, ET AL.
G.R. No. L-23281 August 10, 1967 - BILLY
MILLARES v. ABELARDO SUBIDO, ET AL.
G.R. No. L-19531 August 10, 1967 - CLOROX
COMPANY v. DIRECTOR OF PATENTS, ET AL.
G.R. No. L-21311 August 10, 1967 - PELAGIA
PUGUID v. CIRILO REYES
G.R. No. L-21902 August 10, 1967 - MANILA
RAILROAD COMPANY v. WORKMEN’S COMPENSATION
COMMISSION, ET AL.
http://www.chanrobles.com/cralaw/1967augustdecisions.php?id=347
DECISION
FERNANDO, J.:
The sole question in this appeal from a judgment of conviction by the lower court is whether or not the
appointment to and the holding of the position of a secret agent to the provincial governor would
constitute a sufficient defense to a prosecution for the crime of illegal possession of firearm and
ammunition. We hold that it does not.
The accused in this case was indicted for the above offense in an information dated August 14, 1962
reading as follows: "The undersigned accuses MARIO MAPA Y MAPULONG of a violation of Section 878 in
connection with Section 2692 of the Revised Administrative Code, as amended by Commonwealth Act No.
56 and as further amended by Republic Act No. 4, committed as follows: That on or about the 13th day
of August, 1962, in the City of Manila, Philippines, the said accused did then and there wilfully and
unlawfully have in his possession and under his custody and control one 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. Contrary to law." cralaw virtua1aw library
When the case was called for hearing on September 3, 1963, the lower court at the outset asked the
counsel for the accused: "May counsel stipulate that the accused was found in possession of the gun
involved in this case, that he has neither a permit or license to possess the same and that we can submit
the same on a question of law whether or not an agent of the governor can hold a firearm without a
permit issued by the Philippine Constabulary." After counsel sought from the fiscal an assurance that he
would not question the authenticity of his exhibits, the understanding being that only a question of law
would be submitted for decision, he explicitly specified such question to be "whether or not a secret
agent is not required to get a license for his firearm." cralaw virtua1aw library
Upon the lower court stating that the fiscal should examine the documents so that he could pass on their
authenticity, the fiscal asked the following question: "Does the accused admit that this pistol cal. 22
revolver with six rounds of ammunition mentioned in the information was found in his possession on
August 13, 1962, in the City of Manila without first having secured the necessary license or permit
thereof from the correspondent authority?" The accused now the appellant, answered categorically: "Yes,
Your Honor." Upon which, the lower court made a statement: "The accused admits, Yes, and his counsel
Atty. Cabigao also affirms that the accused admits." cralaw virtua1aw library
Forthwith, the fiscal announced that he was "willing to submit the same for decision." Counsel for the
accused on his part presented four (4) exhibits consisting of his appointment ‘as secret agent of the Hon.
Feliciano Leviste, then Governor of Batangas, dated June 2, 1962; 1 another document likewise issued by
Gov. Leviste also addressed to the accused directing him to proceed to Manila, Pasay and Quezon City on
a confidential mission; 2 the oath of office of the accused as such secret agent; 3 a certificate dated
March 11, 1963, to the effect that the accused "is a secret agent" of Gov. Leviste. 4 Counsel for the
accused then stated that with the presentation of the above exhibits he was "willing to submit the case
on the question of whether or not a secret agent duly appointed and qualified as such of the provincial
governor is exempt from the requirement of having a license of firearm." The exhibits were admitted and
the parties were given time to file their respective memoranda.
Thereafter on November 27, 1963, the lower court rendered a decision convicting the accused "of the
crime of illegal possession of firearms and sentenced to an indeterminate penalty of from one year and
one day to two years and to pay the costs. The firearm and ammunition confiscated from him are
forfeited in favor of the Government." cralaw virtua1aw library
The only question being one of law, the appeal was taken to this Court. The decision must be affirmed.
The law is explicit that except as thereafter specially allowed, "it shall be 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." 5 The
next section provides that "firearms and ammunition regularly and lawfully issued to officers, soldiers,
sailors, or marines [of the Armed Forces of the Philippines, the Philippine 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," are not covered" when such firearms are in possession of such officials and public servants for use
in the performance of their official duties." 6
The law cannot be any clearer. No provision is made for a secret agent. As such he is not exempt. Our
task is equally clear. The first and fundamental duty of courts is to apply the law. "Construction and
interpretation come only after it has been demonstrated that application is impossible or inadequate
without them." 7 The conviction of the accused must stand. It cannot be set aside. Accused however
would rely on People v. Macarandang, 8 where 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." Such reliance is misplaced.
It is not within the power of this Court to set aside the clear and explicit mandate of a statutory
provision. To the extent therefore that this decision conflicts with what was held in People v.
Macarandang, it no longer speaks with authority.
Wherefore, the judgment appealed from is affirmed.
Concepcion, C.J., Reyes, J .B.L., Dizon, Makalintal, Bengzon, J .P., Zaldivar, Sanchez, Castro and Angeles,
JJ., concur.
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 G.R. No. L-24109 August 10, 1967 - PEOPLE OF THE
PHIL. v. ROGELIA P. DE OCAMPO
Endnotes:
G.R. No. L-18805 August 14, 1967 - THE BOARD OF
LIQUIDATORS v. MAXIMO M. KALAW, ET AL.
1. Exhibit 1.
A.C. No. 407 August 15, 1967 - IN RE:JOSE
AVANCEÑA
2. Exhibit 2.
G.R. No. L-22029 August 15, 1967 - PEOPLE OF THE
PHIL. v. LORENZO JARAVATA, ET AL.
3. Exhibit 3.

G.R. No. L-22821 August 15, 1967 - ASUNCION 4. Exhibit 4.

CONUI-OMEGA v. CESAR SAMSON
5. Sec. 878 as amended by Republic Act No. 4, Revised Administrative Code.
G.R. No. L-27017 August 15, 1967 - PACIFICO M.
BRAGANZA v. COMMISSION ON ELECTIONS, ET AL. 6. Sec. 879, Revised Administrative Code.

G.R. No. L-22380 August 15, 1967 - FERMIN SARE 7. Lizarraga Hermanos v. Yap Tico, (1913) 24 Phil. 504, 513.
v. TIMOTEO Y. ASERON
8. 106 Phil. 713.
G.R. No. L-24114 August 16, 1967 - PEOPLE’S
HOMESITE AND HOUSING CORPORATION, ET AL. v.
EULOGIO MENCIAS, ET AL.

G.R. No. L-22042 August 17, 1967 - DIONISIA

GUINGON, ET AL. v. ILLUMINADO DEL MONTE, ET AL. Back to Home | Back to Main

G.R. No. L-21013 August 17, 1967 - UNIVERSAL

CORN PRODUCTS, INC., ET AL. v. RICE AND CORN
BOARD, ET AL. QUICK SEARCH

G.R. No. L-19707 August 17, 1967 - PHILIPPINE

ACETYLENE CO., INC. v. COMMISSIONER OF
INTERNAL REVENUE, ET AL. 1901 1902 1903 1904 1905 1906 1907 1908
1909 1910 1911 1912 1913 1914 1915 1916
G.R. No. L-22516 August 17, 1967 - LITTON & CO.,
INC. v. COMMISSIONER OF CUSTOMS 1917 1918 1919 1920 1921 1922 1923 1924
1925 1926 1927 1928 1929 1930 1931 1932
G.R. No. L-21806 August 17, 1967 - IN RE:
DOMINGO DY OLIVA, ET AL. v. REPUBLIC OF THE
1933 1934 1935 1936 1937 1938 1939 1940
PHIL. 1941 1942 1943 1944 1945 1946 1947 1948
1949 1950 1951 1952 1953 1954 1955 1956
G.R. No. L-23167 August 17, 1967 - IN RE: GEORGE
QUE LIONG SIAN v. REPUBLIC OF THE PHIL. 1957 1958 1959 1960 1961 1962 1963 1964
1965 1966 1967 1968 1969 1970 1971 1972
G.R. No. L-24614 August 17, 1967 - JULIA DE LA
MERCED, ET AL. v. ROMAN CATHOLIC ARCHBISHOP 1973 1974 1975 1976 1977 1978 1979 1980
OF MANILA, ET AL. 1981 1982 1983 1984 1985 1986 1987 1988

G.R. No. L-25171 August 17, 1967 - NATIONAL

1989 1990 1991 1992 1993 1994 1995 1996
BREWERY & ALLIED INDUSTRIES LABOR UNION 1997 1998 1999 2000 2001 2002 2003 2004
(PAFLU) v. GAUDENCIO CLORIBEL, ET AL.
2005 2006 2007 2008 2009 2010 2011 2012
G.R. No. L-21128 August 19, 1967 - IN RE: AO SAN 2013 2014 2015 2016 2017 2018
v. REPUBLIC OF THE PHIL.

G.R. No. L-21835 August 19, 1967 - CHIEF OF

STAFF, AFP v. COLLECTOR OF INTERNAL REVENUE, ET
AL.
Main Indices of the Library ---> Go!
G.R. No. L-24031 August 19, 1967 - AMERICAN
INSURANCE COMPANY v. MACONDRAY & CO., INC.,
ET AL.

G.R. No. L-22348 August 23, 1967 - GREGORIO

RAMOS, ET AL. v. PEOPLE OF THE PHIL., ET AL.

G.R. No. L-23617 August 26, 1967 - ANGELO KING

v. PABLO JOE, ET AL.

G.R. No. L-24383 August 26, 1967 - EQUITABLE

INSURANCE & CASUALTY CO., INC. v. SMITH, BELL &
CO., (PHIL.) INC.

G.R. No. L-27206 August 26, 1967 - IN RE: ANDRES

M. CULANAG v. DIRECTOR OF PRISONS

G.R. No. L-23561 August 28, 1967 - ALFONSO

DARAN v. DOMINADOR ANGCO

G.R. No. L-20991 August 30, 1967 - RUFINO

CIELOS, ET AL. v. BACOLOD MURCIA MILLING CO.,
INC.

G.R. No. L-21011 August 30, 1967 - ISABEL

OCAMPO v. IGNACIO DOMALANTA, ET AL.

http://www.chanrobles.com/cralaw/1967augustdecisions.php?id=347 07/07/2019, 12B12 AM

Page 3 of 4
 G.R. No. L-21448 August 30, 1967 - POBLETE
CONSTRUCTION CO. v. JUDITH ASIAIN, ET AL.

G.R. No. L-22072 August 30, 1967 - ALFONSO BUN

RAMOS, ET AL. v. EMILIANO CONDEZ, ET AL.

G.R. No. L-22260 August 30, 1967 - TEODORICO C.

QUIOCHO v. BERNARDO P. ABRERA, ET AL.

G.R. No. L-26532 August 30, 1967 - INSURANCE

COMPANY OF NORTH AMERICA v. REPUBLIC OF THE
PHIL.

A.C. No. 516 August 30, 1967 - TRANQUILINO O.

CALO, JR. v. ESTEBAN DEGAMO

G.R. No. L-22301 August 30, 1967 - PEOPLE OF THE

PHIL. v. MARIO M. MAPA

G.R. No. L-21501 August 30, 1967 - MANILA CLUB

EMPLOYEES UNION v. MANILA CLUB, INC., ET AL.

G.R. No. L-21963 August 30, 1967 - NATIONAL

DEVELOPMENT COMPANY v. ROBERTA RONGAVILLA,
ET AL.

G.R. No. L-22108 August 30, 1967 - GOVERNMENT

OF THE REPUBLIC OF THE PHILIPPINES, ET AL. v.
MARCELINO TIZON, ET AL.

G.R. No. L-24066 August 30, 1967 - DOMESTIC

INSURANCE COMPANY OF THE PHILIPPINES v.
MANILA RAILROAD COMPANY

G.R. No. L-21467 August 30, 1967 - RIO Y

COMPANIA v. WORKMEN’S COMPENSATION
COMMISSION, ET AL.

G.R. No. L-18877 August 31, 1967 - JUAN P.

ENRIQUEZ, ET AL. v. COURT OF APPEALS, ET AL.

G.R. No. L-22047 August 31, 1967 - MUNICIPALITY

OF SAN JUAN v. NATIONAL WATERWORKS AND
SEWERAGE AUTHORITY

G.R. No. L-22618 August 31, 1967 - MANILA PORT

SERVICE, ET AL. v. COURT OF APPEALS, ET AL.

G.R. No. L-23406 August 31, 1967 - IN RE: O KU

PHUAN v. REPUBLIC OF THE PHIL.

G.R. Nos. L-18778 & L-18779 August 31, 1967 -

UNITED SEAMEN’S UNION OF THE PHIL. v. DAVAO
SHIPOWNERS ASSOCIATION, ET AL.

G.R. No. L-24139 August 31, 1967 -

COMMISSIONER OF IMMIGRATION v. GAUDENCIO
CLORIBEL, ET AL.

G.R. No. L-22536 August 31, 1967 - DOMINGO V.

AUSTRIA v. ANTONIO C. MASAQUEL

G.R. No. L-20708 August 31, 1967 - IN RE:

FELIMON TSE, ET AL. v. REPUBLIC OF THE PHIL.

G.R. No. L-20527 August 31, 1967 - VICENTE Y.

REALIZA v. GASPAR DUARTE

G.R. No. L-22684 August 31, 1967 - PHILIPPINE

PHOENIX SURETY & INSURANCE, INC. v.
WOODWORKS, INC.

G.R. No. L-22810 August 31, 1967 - FIREMEN’S

INSURANCE COMPANY v. MANILA PORT SERVICE, ET
AL.

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