Justice maximiano asuncion biography

The Solicitor General for petitioner. Decree No. That on about 27th day of July , in Quezon City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, without any authority of law, filing chd then and there, filing wiuwly unlawfully and feloniously have in his possession and under his custody and control the following:.

Two hundred-ninety pcs.

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Upon motion of the accused, the respondent judge, as aforestated, in a Resolution dated 1 September , dismissed the Information on the ground that it did not allege sufficient facts to constitute an offense, since the possession of loose firearms and explosives is not illegal per se, in view of Executive Order No. In support thereof, the respondent judge cited the decision in People vs.

Lopez , 79 Phil The petitioner claims that the respondent judge erred in hooding that the possession of loose firearms and explosives is not illegal per se during the period covered by Executive Orders Nos. The petitioner argues that nothing is contained in said executive orders which legalizes the possession of firearms and ammunition without a permit; that said executive orders merely authorized holders or possessors of unlicensed firearms and ammunition to surrender the same within a specified filing perioki without incurring criminal liability; and that illegal possession of firearms and ammunition is still penalized under Pres.

It may be true that there is nothing in Executive Orders Nos. Thus, in People vs. Lopez , 5 the Court said:. Section 1 of Republic Act No. However, this provision was qualified by section 2 which is as follows:. In pursuance of filing tws provision the President issued Proclamation No. It will be seen that section 2 excluded from the operation of section 1 up to August 31, , possession of firearms and ammunition so long as they were not used for any purpose other than self-defense or carried for any purpose other than of surrendering them to the proper authorities.