People v. Monton
REITERATIONFacts
The Antecedents: Mariano Monton, the Barrio Captain of Bacao, General Trias, Cavite, was apprehended by a PC team who found an automatic carbine with a magazine containing ammunition hidden under a pillow in his house. He was subsequently charged with illegal possession of a firearm. Procedural History: The Court of First Instance of Cavite found Monton guilty of the offense charged and imposed a penalty of five years imprisonment. The firearm, magazine, and ammunition were confiscated. Monton appealed to the Court of Appeals, which elevated the records to the Supreme Court due to the legal issue concerning whether a barrio captain is a peace officer exempt from firearm licensing requirements under Section 879 of the Revised Administrative Code. The Petition: The case reached the Supreme Court to resolve the legal issue of whether a barrio captain is considered a peace officer exempt from firearm licensing requirements.
Issue(s)
Whether a barrio captain is a peace officer within the purview of Section 879 of the Revised Administrative Code, exempting certain peace officers from securing a firearm license. Whether the possession of a firearm by a barrio captain, under the circumstances, constitutes illegal possession under Section 878 of the Revised Administrative Code. Whether the provisions of Batas Pambansa Blg. 337 (Local Government Code) can be given retroactive effect to acquit the accused.
Ruling
The Supreme Court reversed and set aside the decision of the lower court, acquitting the accused-appellant of the offense charged, with costs de oficio.
Ratio Decidendi
On the issue of whether a barrio captain is a peace officer within the purview of Section 879 of the Revised Administrative Code: The Court clarified that Section 879 of the Revised Administrative Code enumerates specific peace officers who are exempt from firearm licensing requirements, including 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. Barrio captains are not included in this enumeration, and therefore, what is not included is deemed excluded. Thus, at the time of the apprehension, possession of the firearm by the appellant was punishable under Section 878 of the Revised Administrative Code. On the issue of whether the possession of a firearm by a barrio captain constitutes illegal possession: The Court noted that while the possession was punishable under the old law (Revised Administrative Code), Section 88(3) of the Local Government Code (Batas Pambansa Blg. 337), approved on February 10, 1983, specifically provides that in the performance of his peace and order functions, the punong barangay (barrio captain) is entitled to possess and carry the necessary firearms within his territorial jurisdiction, subject to existing rules and regulations. This new provision makes the act no longer punishable. On the issue of whether the provisions of Batas Pambansa Blg. 337 can be given retroactive effect: The Court reiterated the rule in this jurisdiction that when a new law repeals an existing law such that the act penalized under the old law is no longer punishable, the crime is obliterated. A new statute dealing with crimes that establishes more lenient or favorable conditions to the accused can be given retroactive effect. In this case, the firearm and ammunition were purchased by the barrio out of barrio funds for peace and order functions and were issued to the appellant as barrio captain. Therefore, the new law, Batas Pambansa Blg. 337, which decriminalized the possession of firearms by a barrio captain for peace and order functions, should be given retroactive effect.
Main Doctrine
A new law that repeals an existing law, making an act no longer punishable, obliterates the crime. Such a new statute with more lenient conditions can be given retroactive effect.