GR L 2881; (November, 1950) (Digest)
G.R. No. L-2881-3. November 14, 1950.
EL PUEBLO DE FILIPINAS, plaintiff-appellee, vs. ATANACIO DAÑO, PEDRO DE SAGUN, and CLEMENTE ORTIZ, defendants-appellants.
FACTS
The three accused, armed and masked, attempted to stop a jeep on February 2, 1948, to get a free ride but desisted upon recognizing the occupants. They were later arrested while eating at a store, with their firearms hung on a wall, and were charged with bandolerismo and illegal possession of firearms. Subsequently, President Elpidio Quirino issued Proclamation No. 76, granting amnesty to members of the Hukbalahap organization who would surrender with their arms to “the duly constituted authorities of the Republic of the Philippines” within 20 days. Within the period, the accused presented themselves and their firearms to the Provincial Governor of Batangas, who issued certificates of surrender. Relying on these certificates and the amnesty proclamation, they moved for the dismissal of the charges. The trial court acquitted them of bandolerismo but convicted them for illegal possession of firearms, ruling that the Provincial Governor was not a “duly constituted authority” under the proclamation, and that surrender should have been made to the Philippine Constabulary’s “processing team.”
ISSUE
Whether the Provincial Governor is a “duly constituted authority” under Proclamation No. 76 to whom Hukbalahap members may validly surrender to avail of the amnesty.
RULING
Yes. The Supreme Court reversed the conviction and acquitted the appellants. The Provincial Governor, as the chief executive of the province elected by its constituents, is a “duly constituted authority.” The Court cited legal definitions and precedents establishing that municipal mayors and other local executives are considered authorities. As the executive authority of the province with a broader territorial jurisdiction, the Governor undoubtedly qualifies. The trial court’s restrictive interpretation would frustrate the proclamation’s purpose of facilitating the surrender and pacification of dissidents. The Solicitor General concurred with this view.
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