GR L 3337; (January, 1951) (Digest)
G.R. No. L-3337; January 9, 1951
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. GODOFREDO RIVERA y AVILA, defendant-appellee.
FACTS
On July 15, 1949, an information was filed in the Court of First Instance of Manila charging Godofredo Rivera y Avila with the willful, unlawful, and felonious possession and control of a carbine with twelve rounds of ammunition without first securing the necessary license, in violation of sections 878 and 2692 of the Revised Administrative Code, as amended by Commonwealth Act No. 56 and Republic Act No. 4. The alleged illegal possession occurred on July 14, 1949. The defendant filed a motion to quash the information on the ground that it did not state facts sufficient to constitute a cause of action. The lower court sustained this motion in its order dated September 17, 1949, relying on the ruling in People vs. Santos Lopez y Jacinto. The Government appealed this order.
ISSUE
Whether the information filed against the defendant for illegal possession of an unlicensed firearm is sufficient to constitute a cause of action, considering the provisions of Republic Act No. 4 and Presidential Proclamation No. 1, which set a period for surrendering unlicensed firearms without criminal liability.
RULING
The Supreme Court reversed the appealed order and remanded the case to the lower court for further proceedings. The Court held that the information was sufficient. The ruling in People vs. Santos Lopez y Jacinto was inapplicable because the possession in that case occurred on August 21, 1946, which was within the surrender period fixed by Proclamation No. 1 (which ended on August 31, 1946). In contrast, the possession charged in the present case occurred on July 14, 1949, long after the expiration of that surrender period. The Court rejected the appellee’s contention that unlicensed firearms could still be legally kept for self-defense after the surrender period, explaining that the exemption from criminal liability for use in self-defense under section 2 of Republic Act No. 4 applied only “within the aforementioned period” (i.e., on or before August 31, 1946). After this period, the possession of an unlicensed firearm is outlawed and penalized.