G.R. No. L-6084. December 17, 1953

This
is an appeal from an order of the Court of First Instance of
Pangasinan, dismissing an information for illegal possession of firearm
and ammunition. The dismissal was ordered on a motion to quash on the
ground that the information did not state facts sufficient to
constitute an offense.

The information alleges that
defendant had possession, custody and control of the prohibited
articles without the required license. But because it does not allege
that defendant made use of them except for self-defense or carried them
on his person except for the purpose of surrendering them to the
authorities, the lower court found it insufficient in view of our
ruling in People vs. Santos Lopez y Jacinto,^[1] G. R. No. L-1062 (promulgated November 29, 1947), which was reaffirmed in People vs. Ricardo Aquino y Abalos,^[2] G. R. No. L-1429 (promulgated May 16, 1949).

The ruling cited is applicable only to violations of the firearm law
committed before the expiration of the period fixed in Proclamation No.
1, dated July 20, 1946, for surrendering unlicensed firearms and
ammunition, when mere possession of those articles did not make the
possessor criminally liable unless he was found making use of them
except in self-defense or carrying them on his person except for the
purpose of surrendering them. This is what we held in the case of
People vs. Morpus Felinggon, 87 Phil, 824 from which the following may be quoted:

“We
are of the opinion that the Santos-Lopez case does not apply. Therein
the possession of firearms and ammunition occurred in August 21, 1946;
whereas Morpus’ possession was alleged to be on September 15, 1949. Distingue tempora et condordabis jura.
Distinguish time and you will harmonize laws. Up to August 31, 1946—by
reason of section 2 of the Republic Act No. 4 and the proclamation of
the President—’criminal liability for mere possession of firearms and
ammunition’ was in effect ‘temporarily lifted’ or suspended. Wherefore
Santos Lopez’ mere possession before August 31, 1946 was not
punishable. That was our holding in the Santos-Lopez decision. However,
on August 31, 1946 the suspension terminated; and thereafter the
general rule making it unlawful to manufacture, sell, possess, etc.,
firearms and ammunition again prevailed. Consequently the herein
appellee having been allegedly found in possession of firearms after
August 31, 1946 (more specifically on September 15, 1949) he
transgressed the law on the matter, unless he proved some valid defense
or exculpation.”

As the violation charged in the
present case is alleged to have been committed on or about August 16,
1949, which was after the deadline (August 31, 1946) fixed for the
surrender of unlicensed firearms and ammunition, the ruling applicable
is that laid down in the case last cited.

Wherefore, the order appealed from is revoked and the case ordered remanded to the court below for further proceedings.

Paras, C. J., Pablo, Bengzon, Padilla, Tuason, Montemayor, Jugo, Bautista Angelo and Labrador, JJ., concur.

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^[1] 179 Phil., 658.

^[2] 83 Phil., 614.