G.R. No. L-5807: THE UNITED STATES, plaintiff-appellee, vs. RICARDO SAMSON, defendant-appellant. July 27, 1910

FACTS:
On July 9, 1908, Ricardo Samson was apprehended by municipal policemen while walking through a street in Santa Rosa, Nueva Ecija, carrying a shotgun and nine cartridges. The gun and ammunition were seized. The Court of First Instance of Nueva Ecija subsequently sentenced Samson to a fine of P50 for illegal possession of firearms.

During the trial, it was proven that the shotgun belonged to Pablo Padilla, who possessed a proper permit for the arm. Samson was carrying the gun at Padilla’s instruction, as Padilla had sent him ahead with it for a hunting trip, intending to follow later on horseback. They had pre-arranged to meet at the location where Samson was apprehended.

ISSUE:
Whether carrying a firearm by order of its duly licensed owner, without the intent to possess it, constitutes illegal possession of firearms.

RULING:
The Supreme Court reversed the judgment of the Court of First Instance, acquitting Ricardo Samson. The Court held that Samson’s custody of the arm was not with the intention of possessing it. Carrying a gun by order of its licensed owner, especially in circumstances where the owner is to follow, does not constitute illegal possession of firearms.