GR No. L-30061 (February 27, 1974)
People vs. Jabinal
FACTS:
Jabinal was found guilty of the crime of Illegal Possession of Firearm and Ammunition.
The accused admitted that on September 5, 1964, he was in possession of the revolver and the ammunition described in the complaint, without the requisite license or permit. He, however, claimed to be entitled to exoneration because, although he had no license or permit, he had an appointment as Secret Agent from the Provincial Governor of Batangas and an appointment as Confidential Agent from the PC Provincial Commander, and the said appointments expressly carried with them the authority to possess and carry the firearm in question.
The accused contended before the court a quo that in view of his above-mentioned appointments as Secret Agent and Confidential Agent, with authority to possess the firearm subject matter of the prosecution, he was entitled to acquittal on the basis of the Supreme Court’s decision in People vs. Macarandang(1959) and People vs. Lucero(1958) and not on the basis of the latest reversal and abandonment in People vs. Mapa (1967).
ISSUE:
Whether or not appellant should be acquitted on the basis of the court’s rulings in Macarandang and Lucero, or should his conviction stand in view of the complete reversal of the MAcarandang and Lucero doctrine in Mapa.
