Cadimas v. Director of Prisons
REITERATIONFacts
1. The Antecedents: The underlying dispute concerns the conviction of Donato Cachola for the illegal possession of a hand grenade on or about March 16, 1951. He was sentenced by the Court of First Instance of Ilocos Sur to five years imprisonment and a fine of P1,000, with subsidiary imprisonment in case of insolvency, for allegedly violating Republic Act No. 4. 2. Procedural History: Donato Cachola was convicted by the Court of First Instance of Ilocos Sur on January 18, 1955, and is currently imprisoned at the Iwahig Penal Colony under the control of the Director of Prisons. This resolution arises from a petition for a writ of habeas corpus filed on behalf of Cachola. 3. The Petition: The petition for a writ of habeas corpus argues that Cachola's conviction is void. It asserts that at the time of the alleged offense in March 1951, the unlicensed possession of ammunition was not unlawful due to the extension granted by Republic Act No. 482 for the surrender of unlicensed arms and ammunition until June 10, 1951. Furthermore, the petition contends that the acts attributed to Cachola did not constitute making use of the grenade or carrying it on his person, which were the only punishable acts during the extended period. The plea of guilty is argued to be an admission of facts alleged, not of unlawfulness, and insufficient to cure jurisdictional defects.
Issue(s)
Whether the conviction of Donato Cachola for illegal possession of military ammunition was valid. Whether the possession of a hand grenade on or about March 16, 1951, constituted a crime under existing laws.
Ruling
The writ of habeas corpus prayed for is granted, and in view of the admitted facts, the prisoner Donato Cachola is ordered released from custody. Without costs.
Ratio Decidendi
On Whether the conviction of Donato Cachola for illegal possession of military ammunition was valid: The Court found that the conviction was void. It was established that in March 1951, the unlicensed possession of firearms or ammunitions was not unlawful because Republic Act No. 482 had extended the period for the surrender of unlicensed arms and ammunition to June 10, 1951. During this extended period, only the use of such items or carrying them on the person of the possessor was made punishable. Neither of these acts was attributed to the accused Donato Cachola. Therefore, the information against him did not charge any crime. On Whether the possession of a hand grenade on or about March 16, 1951, constituted a crime under existing laws: The Court determined that the possession of the hand grenade on or about March 16, 1951, did not constitute a crime. Republic Act No. 482 extended the deadline for surrendering unlicensed firearms and ammunition to June 10, 1951. Consequently, mere possession without a license during the period prior to June 10, 1951, was not an offense. The law only penalized the use or carrying on the person of such items. Since Donato Cachola was not charged with using the grenade or carrying it on his person, his conviction was based on an act that was not criminal at the time. Furthermore, even though Donato Cachola pleaded guilty, this plea only admitted the facts alleged in the information, not the unlawfulness of the acts charged or the court's jurisdiction, citing People vs. Santos Lopez.
Main Doctrine
A conviction based on a charge that does not constitute a crime is void, and a writ of habeas corpus shall be granted for the release of the prisoner.