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    People v. Jose Jabinal y Carmen, GR No. L-30061, 1974-02-27

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    Jazzy Alim
    Jabinal was accused of illegal possession of firearms in 1964. He claimed he was exempt as a secret agent and confidential agent. The trial court convicted him in 1968 citing the 1967 Mapa case, which overturned prior cases. The Supreme Court held that the law at the time of the offense was based on prior cases, not Mapa, so Jabinal should be acquitted according to the legal interpretation at that time.

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    People v. Jose Jabinal y Carmen, GR No. L-30061, 1974-02-27

    Uploaded by

    Jazzy Alim
    28 views1 page
    Jabinal was accused of illegal possession of firearms in 1964. He claimed he was exempt as a secret agent and confidential agent. The trial court convicted him in 1968 citing the 1967 Mapa case, which overturned prior cases. The Supreme Court held that the law at the time of the offense was based on prior cases, not Mapa, so Jabinal should be acquitted according to the legal interpretation at that time.

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    People v. Jose Jabinal y Carmen, Gr No. L-30061, 1974-02-27

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    Jabinal was accused of illegal possession of firearms in 1964. He claimed he was exempt as a secret agent and confidential agent. The trial court convicted him in 1968 citing the 1967 Mapa case, which overturned prior cases. The Supreme Court held that the law at the time of the offense was based on prior cases, not Mapa, so Jabinal should be acquitted according to the legal interpretation at that time.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    28 views1 page

    People v. Jose Jabinal y Carmen, GR No. L-30061, 1974-02-27

    Uploaded by

    Jazzy Alim
    Jabinal was accused of illegal possession of firearms in 1964. He claimed he was exempt as a secret agent and confidential agent. The trial court convicted him in 1968 citing the 1967 Mapa case, which overturned prior cases. The Supreme Court held that the law at the time of the offense was based on prior cases, not Mapa, so Jabinal should be acquitted according to the legal interpretation at that time.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    L-30061 February 27, 1974

    THE PEOPLE OF THE PHILIPPINES, plaintiff-appellees,


    vs.
    JOSE JABINAL Y CARMEN, defendant-appellant.

    FACTS:

    In September 5, 1964, Jose Jabinal was accused of illegal possession of firearms and
    ammunitions. He admitted that he was in possession of the revolver and ammunitions but claims
    that he was entitled of exoneration because he had an appointment as a SECRET AGENT from
    the Provincial Governor of Batangas (December 10, 1962) and an appointment as
    CONFIDENTIAL AGENT from PC Provincial Commander of Batangas (March 15, 1964). The
    accused contended before the court the Supreme Court decision on the Macarandang and Lucero
    cases. Nevertheless, the trial court held the accused in its decision on December 27, 1968 that he
    is criminally liable for illegal possession of a firearm and ammunition on the ground that the
    rulings of the Supreme Court in the cases of Macarandang and Lucero were reversed and
    abandoned in People vs. Mapa in 1967.

    ISSUE: Should appellant Jabinal be acquitted on the basis of Supreme Court rulings on the
    Macarandang and Lucero cases or should he be convicted under the Mapa doctrine?

    HELD:

    Under Article 8 of the Civil Code, Judicial decisions applying or interpreting the laws or the
    Constitution shall form a part of the legal system of the Philippines, the interpretation placed
    upon the written law by a competent court has the force of law. The doctrine laid down
    in Macarandang and Lucero was part of the jurisprudence hence becomes the law of the land at
    the time appellant was found in possession of the firearm and when he was arraigned by the trial
    court. Therefore, the appellant may not be punished for an act which at the time it was done, was
    held not to be punishable. The accused is acquitted of criminal charges.

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