People vs. Macarandang

A person appointed by a provincial governor as a secret agent for peace and order campaigns falls within the category of a "peace officer" exempted from the requirement to obtain a firearm license under Section 879 of the Revised Administrative Code, notwithstanding that the governor has no authority to issue firearm licenses or permits.

Moro Sumaguina Macarandang, a resident of Kamalig, Marantao, Lanao, was appointed by Governor Dimakuta as a secret agent for peace and order campaigns and the detention of crimes on October 1, 1953. The appointment was issued in recognition of his having previously surrendered a firearm to the Governor's office. Section 879 of the Revised Administrative Code exempts "peace officers" from the requirements relating to the issuance of licenses to possess firearms, a provision central to the dispute over whether the accused's possession of an unlicensed firearm was lawful.

On June 8, 1954, in the Municipality of Marantao, Province of Lanao, Moro Sumaguina Macarandang was found to have in his custody and control one Riot Gun, Winchester, 12 GA., SN-924131, together with eight rounds of ammunition, without first having obtained the proper license or permit from competent authority. He was accordingly charged with the crime of illegal possession of firearms in the Court of First Instance of Lanao.

Prior to the date of the offense, on October 1, 1953, Governor Dimakuta had issued Macarandang an appointment as secret agent for peace and order campaigns and the detention of crimes. The appointment, addressed "To Whom It May Concern," recited that Macarandang had shown good faith by previously surrendering a firearm to the Governor's office. It expressly authorized him to hold and carry in his possession one Riot Winchester Shotgun, 12 GA., Serial No. 942131, with twenty rounds of ammunition, for the successful execution of his mission. The appointment further directed Macarandang to personally report to the Governor from time to time on the activities and whereabouts of lawless and wanted elements in the Municipal District of Marantao, as well as all matters affecting tranquility therein.

After trial, the Court of First Instance of Lanao convicted Macarandang of the crime charged. The trial court acknowledged that the Governor has no authority to issue any firearm license or permit, thereby rejecting the appointment as a valid legal excuse for the unlicensed possession. Macarandang appealed, admitting ownership of the firearm and ammunition but invoking the gubernatorial appointment as his authority for possessing them.

• Exemption as Peace Officer: Whether the accused's appointment by a provincial governor as a secret agent for peace and order campaigns qualifies him as a "peace officer" exempted from the firearm licensing requirements under Section 879 of the Revised Administrative Code.

• Exemption as Peace Officer: Yes. The appointment of the accused as secret agent to assist in the maintenance of peace and order campaigns and detention of crimes sufficiently placed him within the category of a "peace officer" equivalent even to a member of the municipal police expressly covered by Section 879 of the Revised Administrative Code.

• Exemption as Peace Officer: Section 879 of the Revised Administrative Code exempts "peace officers" from the requirements relating to the issuance of licenses to possess firearms. While the trial court correctly observed that a governor possesses no authority to issue firearm licenses or permits, that observation does not resolve the question, because the statutory exemption operates independently of the licensing power. The appointment issued by Governor Dimakuta designated Macarandang as a secret agent tasked with assisting in peace and order campaigns and the detention of crimes, and expressly authorized him to carry the firearm for that purpose. This designation sufficiently placed him within the category of a "peace officer" — a status equivalent even to a member of the municipal police, who is expressly covered by the exemption. Because the accused fell within the exempt class, his possession of the firearm without a separate license was lawful, and the conviction could not stand.

• Peace Officer Exemption from Firearm Licensing — Section 879 of the Revised Administrative Code exempts "peace officers" from the requirements relating to the issuance of licenses to possess firearms. A person appointed as a secret agent for peace and order campaigns and the detention of crimes, even if appointed by a provincial governor who lacks authority to issue firearm licenses, falls within the category of a "peace officer" for purposes of the exemption. Such an appointee is equivalent even to a member of the municipal police expressly covered by the provision, and his possession of a firearm without a separate license is therefore lawful.

• "The appointment of the accused as secret agent to the assist in the maintenance of peace and order campaigns and detention of crimes, sufficiently put him within the category of a 'peace officer' equivalent even to a member of the municipal police expressly covered by section 879." — This is the ratio decidendi: it defines the basis on which the gubernatorial appointment qualifies the accused for the statutory exemption, equating a secret agent's status with that of a municipal police officer.

• "It may be true that, as held by the trial court, the Governor has no authority to issue any firearm license or permit; but section 879 of the Revise Administrative Code provides, as shown at lease by the subject matter therefor, that 'peace officers' are exempted from the requirements relating to the issuance of license to possess firearms." — This passage distinguishes the Governor's lack of licensing authority from the separate statutory exemption for peace officers, clarifying that the exemption operates independently of the licensing power.

• Section 879, Revised Administrative Code — Exempts "peace officers" from the requirements relating to the issuance of licenses to possess firearms. The Court applied this provision by holding that the accused's appointment as a secret agent for peace and order campaigns placed him within the category of a "peace officer," thereby exempting him from the need to obtain a separate firearm license.

Bengzon, Padilla, Montemayor, Bautista Angelo, Labrador, and Gutierrez David, JJ., concurred.