Cuenca vs People

G.R. No. L-27586

June 26, 1970

Petitioner: Ernesto Cuenca y Cuevas

Respondent: People of the Philippines and Court of Appeals 

FACTS: Appeal from a decision of the Court of Appeals affirming that the CFI of Manila, convicting appellant Ernesto Cuenca, who at the time of arrest of arrest on January 3, 1963 was on duty at the Philippine Savings Bank as a special watchman and security guard of the Bataan Veterans Security Agency to which the firearm, and Ithaca .45 pistol, of the crime of illegal possession of firearm and seven rounds of ammunition and sentencing him to imprisonment for one year and to pay the costs. Appellant's main argument for defense was that in his employment with the above-mentioned security agency made him to believe that the license to possess the firearm in question was with the owner of the agency,  Jose Forbes.

ISSUE: Whether or not appellant is guilty of the crime charged owing to the failure of Jose Forbes to comply with his duty to obtain such license, before he issued said firearm and ammunition to his aforementioned employee.

HELD: The Court ruled in the negative. The appellant is not guilty of the crime charged.

It should be noted that the Bataan Veterans Security Agency is duly licensed to operate as such. Consequently, it may legally engage the services of competent persons to discharge the duties of special watchmen and security guards and provide them, as such, with the corresponding firearms and ammunitions. The agency is this supposed to obtain the license necessary therefore. Had it done so, there would be no question about the absence of any criminal liability on the part of the appellant herein for the possession of the firearm and ammunition in question.

Petition is therefore GRANTED. 

• Criminal Law 1: Animus Possendi (Textbook: Reyes - Book 1, Professor: Atty. Amurao)

♥ Reese Corpuz