G.R. No. L-1429; May 16, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. RICARDO AQUINO Y ABALOS, defendant-appellee.

FACTS

An information was filed charging Ricardo Aquino with illegal possession of a .45 caliber automatic pistol on August 31, 1946, in Manila, for not having secured the necessary license. The Court of First Instance of Manila dismissed the information upon a motion to dismiss, ruling that the alleged act did not constitute a violation of the relevant law. The prosecution appealed.

ISSUE

Whether the accused incurred criminal liability for the mere possession of a firearm on August 31, 1946, the last day of the period fixed for the surrender of firearms without penalty under Republic Act No. 4 and Presidential Proclamation No. 1.

RULING

No. The Supreme Court affirmed the dismissal. Republic Act No. 4 , in conjunction with Presidential Proclamation No. 1 (which fixed August 31, 1946, as the last day for surrender in Luzon), suspended the penalty for the mere possession of firearms until that date. The law legalized possession during the period to enable surrender. By expressly prohibiting only the use and carrying of firearms (with specific exceptions) during the same period, the law impliedly excluded the simple possession from prohibition. Since the act was committed on the last day of the surrender period, the accused incurred no criminal liability for possession alone. The principle expressio unius est exclusio alterius applies.

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