People v. Macarandang
REITERATIONFacts
The Antecedents: The accused, Moro Sumaguina Macarandang, was charged with illegal possession of a Riot Gun, Winchester, 12 GA. SN-924131, and eight (8) rounds of ammunition, without the requisite license or permit. Procedural History: The accused was tried and convicted by the Court of First Instance of Lanao. The Appeal: The accused appealed his conviction, admitting ownership of the firearm and ammunition but invoking his appointment as a secret agent by Governor Dimakuta on October 1, 1953, as his legal authority to possess the same. The appointment authorized him to hold and carry one (1) Riot Winchester Shotgun, 12 GA. Serial No. 942131 with twenty (20) rounds of ammunitions for the successful execution of his mission.
Issue(s)
Whether the accused, appointed as a secret agent for peace and order campaigns and detention of crimes, falls under the exemption for 'peace officers' regarding firearm possession under Section 879 of the Revised Administrative Code.
Ruling
The decision of the Court of First Instance of Lanao is reversed. The accused is acquitted of the charge of illegal possession of firearms, with costs de officio.
Ratio Decidendi
On Issue 1: The Court held that while the Governor may not have the explicit authority to issue a firearm license, Section 879 of the Revised Administrative Code provides an exemption for 'peace officers' from the licensing requirements for possessing firearms. The appointment of the accused as a secret agent, tasked with assisting in peace and order campaigns and the detention of crimes, sufficiently placed him within the category of a 'peace officer.' This classification is considered equivalent to a member of the municipal police, who are expressly covered by the exemption under the said section. Therefore, his possession of the firearm, under the authority of his appointment as a secret agent, was deemed lawful and not a violation of the law. The Court emphasized that the nature of his duties aligned with the responsibilities of a peace officer, thereby entitling him to the statutory exemption.
Main Doctrine
The Court held that an appointment as a secret agent for peace and order campaigns and the detention of crimes sufficiently categorizes an individual as a 'peace officer' for the purposes of Section 879 of the Revised Administrative Code. This section exempts 'peace officers' from the requirement of obtaining a license or permit to possess firearms. Therefore, the accused, who possessed a firearm under such an appointment, was acquitted of illegal possession.