The People of the Philippines Vs. Mario Mapa Y. Mapulong

The People of the Philippines, Plaintiff-Appellee

Vs.

Mario Mapa Y. Mapulong, Defendant-Appellant.


G.R. No. L-22301, August 20, 1967


Facts:

Defendant Mapa was caught having in his possession a home made revolver, caliber .22 without serial number and with six rounds of ammunition, without any license. Thus, he was charged and convicted with the crime of illegal possession of firearms by the Court of First Instance of Manila.

According to the defendant, he was a duly appointed secret agent of Honorable Feliciano Leviste, the then Governor of Batangas, and that he was directed by the latter to proceed to Manila, Pasay and Quezon for a confidential mission. These statements are corroborated by proper document exhibits.

Issue:

Whether or not the defendant's appiontment to and holding a position of secret agent to the provincial governor would constitute a sufficient defense to the prosecution for the crime of illegal possession of fire arms and ammunition.

Held:

No. The Supreme Court affirmed the decision of the Court of First Instance of Manila. No provision was made for a secret agent to be exempted from the licensing of firearms. The law is explicit and it specifically stated that it is unlawful for any person to possess any firearms, detached parts of firearm and ammunition. However, there are exceptions which a secret agent is still not included. Officers, Soldiers, Sailors or Marines of AFP, Philippine Constabulary, Guards employed by the Bureau of Prisons, Municipal Police, Provincial Governors, Lieutenant Governors, Provincial Treasurers, Municipal Treasurers, Municipal Mayor and Guards of Provincial Prisoners and jails are exempted from this provision when such firearms are in possession for use in the performance of their official duties.

No Provision is made for secret agent. Thus, he is not exempted. The first and fundamental duty of the court is to apply the law. Construction and interpretation comes only after it has demonstrated that the application is impossible or inadequate.

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