G.R. No. L-37762 December 19, 1985
People of the Philippines vs. Eduardo B. Neri

FACTS

Eduardo B. Neri, a Deputy Governor, was charged with Illegal Possession of Firearm. During trial, it was established that he was in possession of a .38 caliber revolver. As a defense, Neri presented two documents: a firearm issued to him by the Provincial Governor of Lanao del Norte for use in his official duties, and a Special Permit issued by the Acting Provincial Commander allowing him to carry the firearm outside his residence. The City Court of Cagayan de Oro found him guilty, sentencing him to imprisonment and a fine, and ordering the confiscation of the firearm and ammunition.
Neri appealed the conviction, raising the central issue of whether the gubernatorial issuance and the provincial commander’s permit legally authorized him to carry the firearm, thereby exempting him from criminal liability under the Revised Administrative Code. He contended that these documents constituted sufficient legal authority for his possession.

ISSUE

The core issue is whether the firearm issued by the Provincial Governor and the carry permit issued by the Provincial Commander constitute a valid defense against a charge of Illegal Possession of Firearm under the Revised Administrative Code.

RULING

The Supreme Court affirmed the conviction. The legal logic is anchored on a strict interpretation of the applicable statutes. The Court emphasized that the offense of illegal possession under the Revised Administrative Code is malum prohibitum; thus, good faith or lack of criminal intent is immaterial. The only valid defense is possession of a license or permit issued in strict accordance with the law.
The Court meticulously analyzed the exceptions under the law. Section 879 of the Revised Administrative Code enumerates specific government officers and employees exempted from the license requirement. The list does not include a “Deputy Governor,” therefore Neri did not fall under this statutory exception. Furthermore, the Court examined the “special permit” defense under Section 881. This provision explicitly states that such a permit must be issued by the President of the Philippines upon application by a Bureau Chief. The permit issued by the Provincial Commander was not the special permit contemplated by law, as it was issued by an unauthorized official.
Critically, the Court noted that the firearm in question was a “paltik” or homemade firearm, the possession of which is explicitly prohibited. Neither a provincial governor nor a provincial commander has the authority to legalize the possession of an inherently illegal weapon. The permits presented were issued beyond the pale of the law and could not sanitize an illegal act. The Court distinguished the case from prior rulings favoring civilian agents, noting that such doctrines had been revoked. Consequently, Neri’s possession remained unlawful, and the lower court’s judgment was upheld.