G.R.

No L-39990
1975

July

22,

People vs. Licera

Facts:
On December 3, 1965, Rafael Licera was charged with illegal possession of a
Winchester rifle by the Chief of Police on the municipal court of Abra de Ilog,
Occidental Mindoro.
In August 14, 1968, the court acquitted Licera on the charge of assault upon
an agent of a person in authority, but convicting him of illegal possession of firearm
under the Mapa rule (1967).
In 1974, Licera appeal to the Court of Appeals invoking his legal justification
to posses the Winchester rifle because he was appointed as secret agent by
Governor Feliciano Leviste on December 11, 1961 pursuant to the Supreme Court
decision in People vs Macarandang.
People vs Macarandang (1959) the appointment of civilian as secret
agent whom section 879 of the Revised Administrative Code exempts from the
requirements relating to firearm licenses.
Issue:
Whether or not the trial court erred in the application of Mapa rule
retrospectively?
Held:
Yes. At the time of Liceras designation as secret agent in 1961 and at the
time of his apprehension for possession of the Winchester rifle without the requisite
license or permit thereof in 1965, the Macarandang rule formed part of the
jurisprudence and, hence, of this jurisdictions legal system. Mapa revoked the
Macarandang precedent only in 1967. Certainly, where a new doctrine abrogates
and old rule, the new doctrine should operate respectively only and should not
adversely affect those favoured by the old rule, especially those who relied thereon
and acted on the faith thereof.