THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. BASILIO OROBIA, DEFENDANT AND APPELLANT.

Basilio Orobia was accused before the Court of
First Instance of Camarines Sur of illegal possession of a Garand
rifle. He was found guilty and sentenced to suffer from , five (5)
years to seven (7) years imprisonment and to pay the costs. He appealed
to this Court, evidently on the ground that only questions of law are
involved.

The facts of the case may be briefly stated as follows:

Sergeant Bias Valdez and corporal Eugenio Dado of the Constabulary
assigned to Naga, Camarines Sur, having received information that one
Basilio Orobia residing at Bucao, barrio San Juan, municipality of
Naga, Camarines Sur had in his possession a firearm, vent to the
defendant’s place in order to verify said information. When they
arrived there, they found the accused with the help of the barrio
lieutenant. During the investigation, the accused at first denied
having any firearm, but later he confessed that he had a Garand rifle
near his house. The accused led the constabulary officers to the place
where he kept the firearm In a hole, about five meters from his
residence. The officers found In a sack the Garand rifle with serial
No. 3569706, Caliber .30, Exhibit A. The defendant told the
constabulary men that in the year 1945 an American soldier gave him the
firearm. He did not state that he was a member of the Huk organization
or of any other subversive group. He did not have a permit or license
to possess the firearm.

At the trial, the defendant did not testify. His counsel presented
only Exhibit 1 entitled “Statement of Basilio Orobia taken by Tech.
Sgt. 6. P. Tacorda at HQ Cam. Sur Prov. PC Naga Camarlnes.Sur on 27
July 1981” made by the defendant five months after the firearm had been
taken from his possession, and sworn to by him before the Justice of
the Peace of Iriga on August 13, 19Mty Exhibit 2 which Is a circular of
the Constabulary to the Provincial Commanders; and Exhibit 3 which is
an affidavit of Celedonlo Bon subscribed and sworn to before the
Justice of the Peace of Naga on December 6, 1947. These affidavits were
not duly identified in court.

The appellant contends that he is entitled to the benefits of
Proclamation No. 76 of the President, granting amnesty to the leaders
and members of the Hukbalahap and the PKM. The Secretary of Justice
Issued Circular No. 27, entitled “Enforcement of Amnesty Proclamation
No. 76.”

The question to be determined is whether the appellant comes within said proclamation and circular.

It appears that the appellant has not complied with paragraph 2 of
said Circular No. 27, because the certificate required therein has not
been accomplished.

He did not prove at the trial that he was a member of the
Hukbalahap organization or.of any similar subversive society. Be could
easily have testified in court that he was such a member if that was
the fact. His affidavit, Exhibit 1, is not sufficient for that purpose;
first, because it was not duly identified, notwithstanding the
objection of the Fiscal on that ground; and, second, because it is
hearsay evidence, the accused having been present in court. Exhibit 3,
the affidavit of Celedonio Bon to the effect that the appellant was a
member of the dissident group of Abner is likewise Inadmissible, for
the two reasons above stated, and for the further reason that it does
not appear that the group of Abner is a part of the Hukbalahap or the
PKM organisations.

In view of the foregoing, the judgment appealed from is affirmed, with costs against the appellant. It is so ordered.

Paras, C.J., Feria, Pablo, Bengzon, Padilla, Tuason and Reyes, JJ., concur.
Bautista Angelo, J., took no part.