G.R. No. L-22301; August 30, 1967
The People of the Philippines, plaintiff-appellee, vs. Mario Mapa y Mapulong, defendant-appellant.

FACTS

The accused, Mario Mapa y Mapulong, was charged with illegal possession of firearm and ammunition under the Revised Administrative Code. The information alleged that on August 13, 1962, in Manila, he willfully and unlawfully possessed a homemade revolver and six rounds of ammunition without the necessary license or permit. During the hearing, the accused, through counsel, stipulated that he was in possession of the firearm and ammunition without a license. The sole question submitted for decision was one of law: whether his appointment as a secret agent to the Provincial Governor of Batangas exempted him from the license requirement. The accused presented exhibits proving his appointment and oath as a secret agent. The lower court convicted him and sentenced him to an indeterminate penalty.

ISSUE

Whether the appointment to and holding of the position of a secret agent to a provincial governor constitutes a sufficient defense to a prosecution for illegal possession of firearm and ammunition, thereby exempting the agent from the license requirement.

RULING

No. The Supreme Court affirmed the conviction. The law explicitly makes it unlawful for any person to possess any firearm or ammunition without a license, except as specifically allowed. Section 879 of the Revised Administrative Code exempts only certain officials and public servants, such as officers of the Armed Forces, Philippine Constabulary, municipal police, provincial governors, and others, when the firearms are in their possession for official use. No provision is made for a secret agent. Therefore, a secret agent is not exempt from the license requirement. The Court’s fundamental duty is to apply the law as written. To the extent that the prior case of People v. Macarandang conflicted with this ruling by acquitting a secret agent, it no longer speaks with authority. The judgment of the lower court was affirmed.