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People v. Licera

Rafael Licera appealed his conviction for illegal possession of a firearm. Licera claimed he was exempt from licensing requirements as a secret agent appointed in 1961. At the time of his appointment and arrest, the law (Macarandang rule) exempted secret agents, but a later case (Mapa) revoked this exemption. The Supreme Court held that Mapa should not be applied retroactively as it abrogated an existing rule of law. Since Licera's actions were legal under the Macarandang rule in effect at the time, his conviction was reversed and he was acquitted.

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111 views1 page

People v. Licera

Rafael Licera appealed his conviction for illegal possession of a firearm. Licera claimed he was exempt from licensing requirements as a secret agent appointed in 1961. At the time of his appointment and arrest, the law (Macarandang rule) exempted secret agents, but a later case (Mapa) revoked this exemption. The Supreme Court held that Mapa should not be applied retroactively as it abrogated an existing rule of law. Since Licera's actions were legal under the Macarandang rule in effect at the time, his conviction was reversed and he was acquitted.

Uploaded by

KristabelleCapa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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G.R. No.

L-39990 July 22, 1975

People of the Philippines, plaintiff-appellee

vs. Rafael Licera- defendant-appellant

Objective: This is an appeal, on a question of law, by Rafael Licera from the judgment dated August 14, 1968 of the
court of First Instance of Occidental Mindoro convicting him of the crime of illegal possession of firearm and
sentencing him to imprisonment of five years.

Facts:

On December 3, 1965 the Chief of Police of Abra de Ilog, Occidental Mindoro, filed a complaint, subscribed and
sworn to by him, with the municipal court, charging Rafael Licera with illegal possession of a Winchester rifle,
Model 55, Caliber. 30. On August 13, 1966, Licera was found guilty of the crime charged sentencing him to suffer
an indeterminate penalty ranging from five and one day to six years and eight months of imprisonment.

In the Court of Instance, parties agreed to the joint trial of the case for illegal possession of firearm and another
case for assault upon an agent of a person in authority filed against Licera, two offenses having arisen from the
same occasion. On August 14, 1968, the court acquitted Licera of the charge of assault but convicted him of illegal
possession of firearm.

On October 16, 1974, Licera’s appeal to the Court of Appeals was certified. Licera invokes his legal justification for
his possession of Winschester rifle his appointment as secret agent on December 11, 1961 by Governor Feliciano
Leviste of Batangas. He claims that as secret agent, he was “a peace officer and thus pursuant to People vs.
Macarandang, was exempt from the requirements relating to firearm licenses. He alleges the court erred in relying
later case of People vs. Mapa which held that section 879 of the Revised Administrative Code provides no
exemption for secret agents from the requirements relating to firearm licenses.

Issue: W/N Macarandang or Mapa rule should be applied to the case at bar.

Held:

At the time of Licera’s designation as secret agent and at the time of apprehension for possession of the
Winchester rifle without the requisite license, the Macarandang rule- the Court’s Interpretation of section 879 of
the Revised Administrative Code- formed part of our jurisprudence and hence of this jurisdiction’s legal
system(Article 8 of the Civil Code of the Philippines). Mapa revoked Macarandang precedent only in 1965. The new
doctrine abrogates an old ruled, the new doctrine should operate prospectively only and should not adversely
affect those favored by the old rule. This holds more especially true in the application or interpretation of statutes
in the field of penal law, for in this area more than in any other, it is imperative that the punishability of an act be
reasonably foreseen for the guidance of society. The judgement a qui is reversed and Rafael Licera was acquitted.

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