Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-42050-66 November 20, 1978 T E PEOPLE O!

T E P "L"PP"NES, petitioner, vs. ONOR#$LE %U&GE #M#NTE P. PUR"S"M#, COURT O! !"RST "NST#NCE O! M#N"L#, $R#NC '"", ()* POR!"R"O C#N&ELOS#S, NESTOR $#ES, EL"#S L. G#RC"#, S"MEON $UN&#L"#N, %R., %OSEP C. M#"SO, E&U#R&O #. L"$OR&O, ROMEO L. SUG#+, !E&ER"CO T. &",ON, GEORGE M. #L$"NO, M#R"#NO COT"#, %R., #RM#N&O L. &",ON, ROGEL"O $. P#RENO, RO&R"GO '. ESTR#&#, #L!RE&O #. RE+ES, %OSE #. $#C#RR#, RE+N#L&O $OGTONG, ()* E&G#R&O M. MEN&O,#, respondents. G.R. No. L-46229--2 November 20, 1978 T E PEOPLE O! T E P "L"PP"NES, petitioner, vs. %U&GE M#."MO #. M#CEREN, COURT O! !"RST "NST#NCE O! M#N"L#, $R#NC EUGEN"O + RO/UE ()* #L!RE&O 'ERSO,#, respondents. G.R. No. L-46-1--16 November 20, 1978 T E PEOPLE O! T E P "L"PP"NES, petitioner, vs. %U&GE M#."MO #. M#CEREN, COURT O! !"RST "NST#NCE O! M#N"L#, $R#NC .'""", ()* %U#N"TO &E L# CRU, + NUNE,, S#$"NO $UENO + C#C#L, T"RSO "S#G#N + !R#NC"SCO ()* $EN C#ST"LLO + U$#L&O, respondents. G.R. No. L-46997 November 20, 1978 T E PEOPLE O! T E P "L"PP"NES, petitioner, vs. T E ONOR#$LE 0ENCESL#O M. POLO, %1*2e o3 45e Co1r4 o3 !6r74 ")74()8e o3 S(m(r, ()* P#NC "TO RE!UNC"ON, respondents. Jose L. Gamboa, Fermin Martin, Jr. & Jose D. Cajucom, Office of the City of Fiscal of Manila and the Office of Pro incial Fiscal of !amar for "etitioners. #orberto Parto for res"ondents Candelosas, $aes and Garcia. %mado C. de la Marced for res"ondents !imeon $undalian Jr., et al. Manuel F. de Jesus for all the res"ondents in L&'())*&+) and L&'(+,+&,(. #orberto L. %"ostol for res"ondent Panchito -efuncion. .on. %mante P. Purisima for and in his o/n behalf.

.'""", ()* RE+N#L&O L#/U" + #/U"NO, ELP"&"O #RPON, '"CTOR

MU9O, P#LM#, J.: These twenty si! "#$% Petitions for Review filed by the People of the Philippines represented, respectively, by the &ffice of the City 'iscal of Manila, the &ffice of the Provincial 'iscal of (a)ar, and *oined by the (olicitor +eneral, are consolidated in this one ,ecision as they involve one basic -uestion of law. These Petitions or appeals involve three Courts of 'irst .nstance, na)ely/ the Court of 'irst .nstance of Manila, Branch 0.., presided by 1on. A)ante P. Purisi)a "23 Petitions%, the Court of 'irst .nstance of Manila, Branch 40..., presided by 1on. Ma!i)o A. Maceren "5 Petitions% and, the Court of 'irst .nstance of (a)ar, with 1on. 6enceslao M. Polo, presidin7, "2 Petition%. Before those courts, .nfor)ations were filed char7in7 the respective accused with 8ille7al possession of deadly weapon8 in violation of Presidential ,ecree No. 9. &n a )otion to -uash filed by the accused, the three :ud7es )entioned above issued in the respective cases filed before the) ; the details of which will be recounted below ; an &rder -uashin7 or dis)issin7 the .nfor)ations, on a common 0round, i1, that the .nfor)ation did not alle7e facts which constitute the offense penali<ed by Presidential ,ecree No. 9 because it failed to state one essential ele)ent of the cri)e. Thus, are the .nfor)ations filed by the People sufficient in for) and substance to constitute the offense of 8ille7al possession of deadly weapon8 penali<ed under Presidential ,ecree "P, for short% No. 9= This is the central issue which we shall resolve and dispose of, all other corollary )atters not bein7 indispensable for the )o)ent.

A ; 2he 3nformation filed by the Peo"le ; 2. .n > ?#@A@ $$, one typical .nfor)ation filed with the Court presided by :ud7e Purisi)a follows/ 2.4 P4OPL4 OF 2.4 P.3L3PP3#4!, "laintiff, ersus PO-F3-3O C%#D4LO!%! 5 D6-%#, accused.

Cri). Case No. 29$B9

0.&>AT.&N &' PAR. B, PRE(. ,ECREE No. 9 &' PR&C>AMAT.&N 2@52 .N'&RMAT.&N The undersi7ned accuses P&R'.R.& CAN,E>&(A( C ,DRAN of a violation of para7raph B, Presidential ,ecree No. 9 of Procla)ation 2@52, co))itted as follows/ That on or about the 2? th day of ,ece)ber, 293?, in the City of Manila, Philippines, the said accused did then and there wilfully, unlawfully, feloniously and Enowin7ly have in his possession and under his custody and control one "2% carvin7 Enife with a blade of $ F inches and a wooden handle of A 2G? inches, or an overall len7th of 22 H inches, which the said accused carried outside of his residence, the said weapon not bein7 used as a tool or i)ple)ent necessary to earn his livelihood nor bein7 used in connection therewith. Contrary to law. "p. B#, rollo of > ?#@A@ $$% The other .nfor)ations are si)ilarly worded e!cept for the na)e of the accused, the date and place of the co))ission of the cri)e, and the Eind of weapon involved. #. .n > ?$##9 B# and > ?$B2B 2$, the .nfor)ation filed with the Court presided by :ud7e Maceren follows/ T1E PE&P>E &' T1E P1.>.PP.NE(, plaintiff, versus RECNA>,& >AID. C AID.N&, accused. CR.M. CA(E N&. #9$33 0.&>. &' PAR. B, P, 9 .N RE>. T& >&. No. #$$ of the Chief E!ecutive dated April 2, 293A .N'&RMAT.&N The undersi7ned accuses RECNA>,& >AID. C AID.N& of a 0.&>AT.&N &' PARA+RAP1 B, PRE(.,ENT.A> ,ECREE N&. 9 in relation to >etter of .nstruction No. #$$ of the Chief E!ecutive dated April 2, 293A, co))itted as follows/ That on or about the #5 th day of :anuary, 2933, in the City of Manila, Philippines, the said accused did then and there wilfully, unlawfully and Enowin7ly carry outside of his residence a bladed and pointed weapon, to wit/ an ice picE with an overall len7th of about 5F inches, the sa)e not bein7 used as a necessary tool or i)ple)ent to earn his livelihood nor bein7 used in connection therewith. Contrary to law. "p. 2?, rollo of > ?$##9 B#% The other .nfor)ations are liEewise si)ilarly worded e!cept for the na)e of the accused, the date and place of the co))ission of the cri)e, and the Eind of weapon involved. B. .n > ?$993, the .nfor)ation before the Court of 'irst .nstance of (a)ar is -uoted hereunder/ P4OPL4 OF 2.4 P.3L3PP3#4!, com"lainant, ersus P%#C.32O -4F6#C3O#, accused.

C-3M. C%!4 #O. *++ For7 3LL4G%L PO!!4!!3 O# OF D4%DL5 84%PO# 9:3OL%23O # OF PD #O. *; 3#FO-M%23O# 2he undersi0ned First %ssistant Pro incial Fiscal of !amar, accuses P%#C.32O -4F6#C3O# of the crime of 3LL4G%L PO!!4!!3O# OF D4%DL5 84%PO# or :3OL%23O# OF PD #O. * issued by the President of the Phili""ines on Oct. ), ,*<), "ursuant to Proclamation #o. ,=>, dated !e"t. ), and )+, ,*<), committed as follo/s7 2hat on or about the (th day of October, ,*<(, in the e enin0 at $aran0ay $arru1, Munici"ality of Matu0inao, Pro ince of !amar Phili""ines, and /ithin the jurisdiction of this .onorabe Court, the abo enamed accused, ?no/in0ly, /ilfully, unla/fully and feloniously carried /ith him outside of his residence a deadly /ea"on called socyatan, an instrument /hich from its ery nature is no such as could be used as a necessary tool or instrument to earn a li elihood, /hich act committed by the accused is a :iolation of Presidential Decree #o. *. CO#2-%-5 2O L%8. 9". >, rollo of L&'(**<; $. @ 2he Orders of dismissal @ 3n dismissin0 or Auashin0 the 3nformations the trial courts concurred /ith the submittal of the defense that one essential element of the offense char0ed is missin0 from the 3nformation, i17 that the carryin0 outside of the accusedBs residence of a bladed, "ointed or blunt /ea"on is in furtherance or on the occasion of, connected /ith or related to sub ersion, insurrection, or rebellion, or0ani1ed la/lessness or "ublic disorder. ,. Jud0e Purisima reasoned out, inter alia, in this manner7 ... the Court is of the o"inion that in order that "ossession of bladed /ea"on or the li?e outside residence may be "rosecuted and tried under P.D. #o. *, the information must s"ecifically alle0e that the "ossession of bladed /ea"on char0ed /as for the "ur"ose of abettin0, or in furtherance of the conditions of ram"ant criminality, or0ani1ed la/lessness, "ublic disorder, etc. as are contem"lated and recited in Proclamation #o. ,=>,, as justification therefor. De oid of this s"ecific alle0ation, not necessarily in the same /ords, the information is not com"lete, as it does not alle0e sufficient facts to constitute the offense contem"lated in P.D. #o. *. 2he information in these cases under consideration suffer from this defect. CCC CCC CCC %nd /hile there is no "roof of it before the Court, it is not difficult to belie e the murmurin0s of detained "ersons brou0ht to Court u"on a char0e of "ossession of bladed /ea"ons under P.D. #o. *, that more than e er before, "olicemen & of course not all can be so heartless @ no/ ha e in their hands P.D. #o. * as a most con enient tool for eCtortion, /hat /ith the terrifyin0 ris? of bein0 sentenced to im"risonment of fi e to ten years for a rusted ?itchen ?nife or a "air of scissors, /hich only God ?no/s /here it came from. 8hereas before martial la/ an eCtortion&minded "eace officer had to ha e a stoc? of the chea"est "alti?, and e en that could only con ey the coerci e messa0e of one year in jail, no/ anythin0 that has the semblance of a shar" ed0e or "ointed object, a ailable e en in trash cans, may already ser e the same "ur"ose, and yet fi e to ten times more incriminatin0 than the infamous "alti?. For sure, P.D. #o. * /as concei ed /ith the best of intentions and /isely a""lied, its necessity can ne er be assailed. $ut it seems it is bac?&firin0, because it is too hot in the hands of "olicemen /ho are inclined to bac?slidin0. 2he chec? al es a0ainst abuse of P.D. #o. * are to be found in the heart of the Fiscal and the conscience of the Court, and hence this resolution, let alone technical le0al basis, is "rom"ted by the desire of this Court to a""ly said chec? al es. 9"". DD&D<, rollo of L&')=D=& ((; ). Jud0e Maceren in turn 0a e his 0rounds for dismissin0 the char0es as follo/s7 CCC CCC CCC %s earlier noted the Edesired resultE sou0ht to be attained by Proclamation #o. ,=>, is the maintenance of la/ and order throu0hout the Phili""ines and the "re ention and su""ression of all forms of la/less iolence as /ell as any act of insurrection or rebellion. 3t is therefore reasonable to conclude from the fore0oin0 "remises that the carryin0 of bladed, "ointed or blunt /ea"ons outside of oneBs

residence /hich is made unla/ful and "unishable by said "ar. + of P.D. #o. * is one thatabets sub ersion, insurrection or rebellion, la/less iolence, criminality, chaos and "ublic disorder or is intended to brin0 about these conditions. 2his conclusion is further stren0thened by the fact that all "re iously eCistin0 la/s that also made the carryin0 of similar /ea"ons "unishable ha e not been re"ealed, /hether eC"ressly or im"liedly. 3t is note/orthy that Presidential Decree #o. * does not contain any re"ealin0 clause or "ro isions. CCC CCC CCC 2he mere carryin0 outside of oneBs residence of these deadly /ea"ons if not concealed in oneBs "erson and if not carried in any of the aforesaid s"ecified "laces, /ould a""ear to be not unla/ful and "unishable by la/. 8ith the "romul0ation of Presidential Decree #o. *, ho/e er, the "rosecution, throu0h %ssistant Fiscal .ilario .. LaAui, contends in his o""osition to the motion to Auash, that this act is no/ made unla/ful and "unishable, "articularly by "ara0ra"h + thereof, re0ardless of the intention of the "erson carryin0 such /ea"on because the la/ ma?es it Emala "rohibitaE. 3f the contention of the "rosecution is correct, then if a "erson ha""ens to be cau0ht /hile on his /ay home by la/ enforcement officers carryin0 a ?itchen ?nife that said "erson had just bou0ht from a store in order that the same may be used by oneBs coo? for "re"arin0 the meals in oneBs home, such "erson /ill be liable for "unishment /ith such a se ere "enalty as im"risonment from fi e to ten years under the decree. !uch "erson cannot claim that said ?nife is 0oin0 to be used by him to earn a li elihood because he intended it merely for use by his coo? in "re"arin0 his meals. 2his "ossibility cannot be discounted if Presidential Decree #o. * /ere to be inter"reted and a""lied in the manner that that the "rosecution /ants it to be done. 2he 0ood intentions of the President in "romul0atin0 this decree may thus be "er erted by some unscru"ulous la/ enforcement officers. 3t may be used as a tool of o""ression and tyranny or of eCtortion. CCC CCC CCC 3t is therefore the considered and humble ie/ of this Court that the act /hich the President intended to ma?e unla/ful and "unishable by Presidential Decree #o. *, "articularly by "ara0ra"h + thereof, is one that abets or is intended to abet sub ersion, rebellion, insurrection, la/less iolence, criminality, chaos and "ublic disorder. 9"". )>&+=, rollo of L&'())*&+); +. Jud0e Polo of the Court of First 3nstance of !amar eC"ounded his order dismissin0 the 3nformation filed before him, thus7 ... 8e belie e that to constitute an offense under the aforcited Presidential decree, the same should be or there should be an alle0ation that a felony /as committed in connection or in furtherance of sub ersion, rebellion, insurrection, la/less iolence and "ublic disorder. Precisely Proclamation #o. ,=>, declarin0 a state of martial la/ throu0hout the country /as issued because of /anton destruction to li es and "ro"erties /ides"read la/lessness and anarchy. %nd in order to restore the tranAuility and stability of the country and to secure the "eo"le from iolence anti loss of li es in the Auic?est "ossible manner and time, carryin0 firearms, eC"losi es and deadly /ea"ons /ithout a "ermit unless the same /ould fall under the eCce"tion is "rohibited. 2his conclusion becomes more com"ellin0 /hen /e consider the "enalty im"osable, /hich is from fi e years to ten years. % strict enforcement of the "ro ision of the said la/ /ould mean the im"osition of the Draconian "enalty u"on the accused. CCC CCC CCC 3t is "ublic ?no/led0e that in rural areas, e en before and durin0 martial la/, as a matter of status symbol, carryin0 deadly /ea"ons is ery common, not necessarily for committin0 a crime nor as their farm im"lement but for self&"reser ation or self&defense if necessity /ould arise s"ecially in 0oin0 to and from their farm. 9"". ,>&,*, rollo of L&'(**<; 3n most if not all of the cases, the orders of dismissal /ere 0i en before arrai0nment of the accused. 3n the criminal case before the Court of 9First 3nstance of !amar the accused /as arrai0ned but at the same time mo ed to Auash the 3nformation. 3n all the cases /here the accused /ere under arrest, the three Jud0es ordered their immediate release unless held on other char0es. C. @ 2he la/ under /hich the 3nformations in Auestion /ere filed by the Peo"le. %s seen from the 3nformations Auoted abo e, the accused are char0ed /ith ille0al "ossession of deadly /ea"on in iolation of Presidential Decree #o. *, Para0ra"h +. 8e Auote in full Presidential Decree #o. *, to /it7 P-4!3D4#23%L D4C-44 #O. * D4CL%-3#G :3OL%23O#! OF G4#4-%L O-D4-! #O. ( and #O. < D%24D !4P24M$4- )), ,*<), %#D !4P24M$4- )+, ,*<), -4!P4C23:4L5, 2O $4 6#L%8F6L %#D P-O:3D3#G P4#%L234! 2.4-4FO-4. 8.4-4%!, "ursuant to Proclamation #o. ,=>, dated !e"tember ),, ,*<), the Phili""ines has been "laced under a state of martial la/F 8.4-4%!, by irtue of said Proclamation #o. ,=>,, General Order #o. ( dated !e"tember )), ,*<) and General Order #o. < dated !e"tember )+, ,*<), ha e been "romul0ated by meF 8.4-4%!, sub ersion, rebellion, insurrection, la/less iolence, criminality, chaos and "ublic disorder mentioned in the aforesaid Proclamation #o. ,=>, are committed and abetted by the use of firearms, eC"losi es and other deadly /ea"onsF

#O8, 2.4-4FO-4, 3, F4-D3#%#D 4. M%-CO!, Commander&in&Chief of all the %rmed Forces of the Phili""ines, in older to attain the desired result of the aforesaid Proclamation #o. ,=>, and General Orders #os. ( and <, do hereby order and decree that7 ,. %ny iolation of the aforesaid General Orders #os. ( and < is unla/ful and the iolator shall, u"on con iction suffer7 9a; 2he mandatory "enalty of death by a firin0 sAuad or electrocution as a Military, CourtG2ribunalGCommission may direct, it the firearm in ol ed in the iolation is unlicensed and is attended by assault u"on, or resistance to "ersons in authority or their a0ents in the "erformance of their official functions resultin0 in death to said "ersons in authority or their a0entF or if such unlicensed firearm is used in the commission of crimes a0ainst "ersons, "ro"erty or chastity causin0 the death of the ictim used in iolation of any other General Orders andGor Letters of 3nstructions "romul0ated under said Proclamation #o. ,=>,7 9b; 2he "enalty of im"risonment ran0in0 from t/enty years to life im"risonment as a Military CourtG2ribunalGcommission may direct, /hen the iolation is not attended by any of the circumstances enumerated under the "recedin0 "ara0ra"hF 9c; 2he "enalty "ro ided for in the "recedin0 "ara0ra"hs shall be im"osed u"on the o/ner, "resident, mana0er, members of the board of directors or other res"onsible officers of any "ublic or "ri ate firms, com"anies, cor"orations or entities /ho shall /illfully or ?no/in0ly allo/ any of the firearms o/ned by such firm, com"any, cor"oration or entity concerned to be used in iolation of said General Orders #os. ( and <. ). 3t is unla/ful to "osses deadly /ea"ons, includin0 hand 0renades, rifle 0renades and other eC"losi es, includin0, but not limited to, E"ill boC bombs,E Emoloto coc?tail bombs,E Efire bombs,E or other incendiary de ice consistin0 of any chemical, chemical com"ound, or detonatin0 a0ents containin0 combustible units or other in0redients in such "ro"ortion, Auantity, "ac?in0, or bottlin0 that i0nites by fire, by friction, by concussion, by "ercussion, or by detonation of all or "art of the com"ound or miCture /hich may cause such a sudden 0eneration of hi0hly heated 0ases that the resultant 0aseous "ressures are ca"able of "roducin0 destructi e effects on contin0uous objects or of causin0 injury or death of a "ersonF and any "erson con icted thereof shall be "unished by im"risonment ran0in0 from ten to fifteen years as a Military CourtG2ribunalGCommission may direct. +. 3t is unla/ful to carry outside of residence any bladed, "ointed or blunt /ea"on such as Efan ?nife,E Es"ear,E Eda00er,E Ebolo,E Ebalison0,E Ebaron0,E E?ris,E or club, eCce"t /here such articles are bein0 used as necessary tools or im"lements to earn a li elihood and /hile bein0 used in connection there/ithF and any "erson found 0uilty thereof shall suffer the "enalty of im"risonment ran0in0 from fi e to ten years as a Military CourtG2ribunalGCommission may direct. '. 8hen the iolation "enali1ed in the "recedin0 "ara0ra"hs ) and + is committed durin0 the commission of or for the "ur"ose of committin0, any other crime, the "enalty shall be im"osed u"on the offender in its maCimum eCtent, in addition to the "enalty "ro ided for the "articular offenses committed or intended to be committed. Done in the City of Manila, this )nd day of October in the year of Our Lord, nineteen hundred and se enty&t/o. 9!GD; F4-D3#%#D 4. M%-CO! President -e"ublic of the Phili""ines D. @ 2he ar0uments of the Peo"le @ 3n the Comment filed in these cases by the !olicitor General /ho as stated earlier joins the City Fiscal of Manila and the Pro incial Fiscal of !amar in see?in0 the settin0 aside of the Auestioned orders of dismissal, the main ar0ument ad anced on the issue no/ under consideration is that a "erusal of "ara0ra"h + of P.D. * Bsho/s that the "rohibited acts need not be related to sub ersi e acti itiesF that the act "roscribed is essentially a malum "rohibitum "enali1ed for reasons of "ublic "olicy. 1 2he City Fiscal of Manila in his brief adds further that in statutory offenses the intention of the accused /ho commits the act is immaterialF that it is enou0h if the "rohibited act is oluntarily "er"etuatedF that P.D. * "ro ides and condemns not only the carryin0 of said /ea"on in connection /ith the commission of the crime of sub ersion or the li?e, but also that of criminality in 0eneral, that is, to eradicate la/less iolence /hich characteri1ed "re&martial la/ days. 3t is also ar0ued that the real nature of the criminal char0e is determined not from the ca"tion or "reamble of the information nor from the s"ecification of the "ro ision of la/ alle0ed to ha e been iolated but by the actual recital of facts in the com"laint or information. 2 4. @ Our -ulin0 on the matter @ ,. 3t is a constitutional ri0ht of any "erson /ho stands char0ed in a criminal "rosecution to be informed of the nature and cause of the accusation a0ainst him. 3 Pursuant to the abo e, !ection D, -ule ,,= of the -ules of Court, eC"ressly reAuires that for a com"laint or information to be sufficient it must, inter alia state the desi0nation of the offense by the statute, and the acts or omissions com"lained of as constitutin0 the offense. 2his is essential to a oid sur"rise on the accused and to afford him the o""ortunity to "re"are his defense accordin0ly. 4 2o com"ly /ith these fundamental reAuirements of the Constitution and the -ules on Criminal Procedure, it is im"erati e for the s"ecific statute iolated to be desi0nated or mentioned ' in the char0e. 3n fact, another com"ellin0 reason eCists /hy a s"ecification of the statute iolated is essential in these cases. %s stated in the order of res"ondent Jud0e Maceren the carryin0 of so&called Edeadly /ea"onsE is the subject of another "enal statute and a Manila city ordinance. 2hus, !ection )( of %ct #o. ,<>= "ro ides7

!ection )(. 3t should be unla/ful for any "erson to carry concealed about his "erson any bo/ie ?nife, dir? da00er, ?ris, or other deadly /ea"on7 ... %ny "erson iolatin0 the "ro isions of this section shall, u"on con iction in a court of com"etent jurisdiction, be "unished by a fine not eCceedin0 fi e hundred "esos, or by im"risonment for a "eriod not eCceedin0 siC months, or both such fine and im"risonment, in the discretion of the court. Ordinance #o. +>)= of the City of Manila as amended by Ordinance #o. +*)> /hich too? effect on December ', ,*D<, in turn "enali1es /ith a fine of not more than P)==.== or im"risonment for not more than one months, or both, at the discretion of the court, anyone /ho shall carry concealed in his "erson in any manner that /ould dis0uise its deadly character any ?ind of firearm, bo/ie ?nife, or other deadly /ea"on ... in any "ublic "lace.ConseAuently, it is necessary that the "articular la/ iolated be s"ecified as there eCists a substantial difference bet/een the statute and city ordinance on the one hand and P.D. * 9+; on the other re0ardin0 the circumstances of the commission of the crime and the "enalty im"osed for the offense. 8e do not a0ree /ith "etitioner that the abo e&mentioned statute and the city ordinance are deemed re"ealed by P.D. * 9+;. 5 P. D. *9+; does not contain any re"ealin0 clause or "ro ision, and re"eal by im"lication is not fa ored.6 2his "rinci"le holds true /ith 0reater force /ith re0ards to "enal statutes /hich as a rule are to be construed strictly a0ainst the state and liberally in fa or of the accused. 7 3n fact, %rticle < of the #e/ Ci il Code "ro ides that la/s are re"ealed only by subseAuent ones and their iolation or non& obser ance shall not be eCcused by disuse, or custom or "ractice to the contrary. 2hus /e are faced /ith the situation /here a "articular act may be made to fall, at the discretion of a "olice officer or a "rosecutin0 fiscal, under the statute, or the city ordinance, or the "residential decree. 2hat bein0 the case, the ri0ht becomes more com"ellin0 for an accused to be confronted /ith the facts constitutin0 the essential elements of the offense char0ed a0ainst him, if he is not to become an easy "a/n of o""ression and harassment, or of ne0li0ent or mis0uided official action @ a fear understandably shared by res"ondent Jud0es /ho by the nature of their judicial functions are daily eC"osed to such dan0ers. ). 3n all the 3nformations filed by "etitioner the accused are char0ed in the ca"tion as /ell as in the body of the 3nformation /ith a iolation of "ara0ra"h +, P.D. *. 8hat then are the elements of the offense treated in the "residential decree in AuestionH 8e hold that the offense carries t/o elements7 first, the carryin0 outside oneBs residence of any bladed, blunt, or "ointed /ea"on, etc. not used as a necessary tool or im"lement for a li elihoodF and second, that the act of carryin0 the /ea"on /as either in furtherance of, or to abet, or in connection /ith sub ersion, rebellion, insurrection, la/less iolence, criminality, chaos, or "ublic disorder. 3t is the second element /hich remo es the act of carryin0 a deadly /ea"on, if concealed, outside of the sco"e of the statute or the city ordinance mentioned abo e. 3n other /ords, a sim"le act of carryin0 any of the /ea"ons described in the "residential decree is not a criminal offense in itself. 8hat ma?es the act criminal or "unishable under the decree is the moti ation behind it. 8ithout that moti ation, the act falls /ithin the "ur ie/ of the city ordinance or some statute /hen the circumstances so /arrant. -es"ondent Jud0es correctly ruled that this can be the only reasonably, lo0ical, and alid construction 0i en to P.D. *9+;. +. 2he "osition ta?en by "etitioner that P.D. *9+; co ers one and all situations /here a "erson carries outside his residence any of the /ea"ons mentioned or described in the decree irres"ecti e of moti ation, intent, or "ur"ose, con erts these cases into one of Estatutory construction.E 2hat there is ambi0uity in the "residential decree is manifest from the conflictin0 ie/s /hich arise from its im"lementation. 8hen ambi0uity eCists, it becomes a judicial tas? to construe and inter"ret the true meanin0 and sco"e of the measure, 0uided by the basic "rinci"le that "enal statutes are to be construed and a""lied liberally in fa or of the accused and strictly a0ainst the state. '. 3n the construction or inter"retation of a le0islati e measure @ a "residential decree in these cases @ the "rimary rule is to search for and determine the intent and s"irit of the la/. Le0islati e intent is the controllin0 factor, for in the /ords of this Court in .idal0o . .idal0o, "er Mr. Justice Claudio 2eehan?ee, /hate er is /ithin the s"irit of a statute is /ithin the statute, and this has to be so if strict adherence to the letter /ould result in absurdity, injustice and contradictions. 8 2here are certain aids a ailable to 6s to ascertain the intent or reason for P.D. *9+;. First, the "resence of e ents /hich led to or "reci"itated the enactment of P.D. *. 2hese e ents are clearly s"elled out in the E8hereasE clauses of the "residential decree, thus7 9,; the state of martial la/ in the country "ursuant to Proclamation ,=>, dated !e"tember ),, ,*<)F 9); the desired result of Proclamation ,=>, as /ell as General Orders #os. ( and < /hich are "articularly mentioned in P.D. *F and 9+; the alle0ed fact that sub ersion, rebellion, insurrection, la/less iolence, criminality, chaos, aid "ublic disorder mentioned in Proclamation ,=>, are committed and abetted by the use of firearms and eC"losi es and other deadly /ea"ons. 2he !olicitor General ho/e er contends that a "reamble of a statute usually introduced by the /ord E/hereasE, is not an essential "art of an act and cannot enlar0e or confer "o/ers, or cure inherent defects in the statute 9". ,)=, rollo of L&')=D=&((;F that the eC"lanatory note or enactin0 clause of the decree, if it indeed limits the iolation of the decree, cannot "re ail o er the teCt itself inasmuch as such eC"lanatory note merely states or eC"lains the reason /hich "rom"ted the issuance of the decree. 9"". ,,'&,,D, rollo of '(**<; 8e disa0ree /ith these contentions. $ecause of the "roblem of determinin0 /hat acts fall /ithin the "ur ie/ of P.D. *, it becomes necessary to inAuire into the intent and s"irit of the decree and this can be found amon0 others in the "reamble or, /hereasE clauses /hich enumerate the facts or e ents /hich justify the "romul0ation of the decree and the stiff sanctions stated therein. % E"reambleE is the ?ey of the statute, to o"en the minds of the ma?ers as to the mischiefs /hich are to be remedied, and objects /hich are to be accom"lished, by the "ro isions of the statute.E 98est #orman 2imber . !tate, ))' P. )d (+D, (+*, cited in 8ords and Phrases, EPreambleEF em"hasis su""lied; 8hile the "reamble of a statute is not strictly a "art thereof, it may, /hen the statute is in itself ambi0uous and difficult of inter"retation, be resorted to, but not to create a doubt or uncertainty /hich other/ise does not eCist.E 9James . Du $ois, ,( #.J.L. 9, .ar.; )>D, )*', cited in 8ords and Phrases, EPreambleE; 3n %boiti1 !hi""in0 Cor"oration, et al. . 2he City of Cebu, et al. this Court had occasion to state that B9L;e0islati e intent must be ascertained from a consideration of the statute as a /hole, and not of an isolated "art or a "articular "ro ision alone. 2his is a cardinal rule of statutory construction. For ta?en in the abstract, a

/ord or "hrase mi0ht easily con ey a meanin0 Auite different from the one actually intended and e ident /hen the /ord or "hrase is considered /ith those /ith /hich it is associated. 2hus, an a""arently 0eneral "ro ision may ha e a limited a""lication if read to0ether /ith other "ro isions. 9 !econd, the result or effects of the "residential decree must be /ithin its reason or intent. 3n the "ara0ra"h immediately follo/in0 the last E8hereasE clause, the "residential decree states7 #O8, 2.4-4FO-4, 3 , F4-D3#%#D 4. M%-CO!, Commander&in&Chief of an the %rmed Forces of the Phili""ines, in order to attain the desired result of the aforesaid Proclamation #o. ,=>, and General Orders #os. ( and <, do hereby order and decree that7 CCC CCC CCC From the abo e it is clear that the acts "enali1ed in P.D. * are those related to the desired result of Proclamation ,=>, and General Orders #os. ( and <. General Orders #os. ( and < refer to firearms and therefore ha e no rele ance to P.D. *9+; /hich refers to blunt or bladed /ea"ons. 8ith res"ect to Proclamation ,=>, some of the underlyin0 reasons for its issuance are Auoted hereunder7 8.4-4%!, these la/less elements ha in0 ta?en u" arms a0ainst our duly constituted 0o ernment and a0ainst our "eo"le, and ha in0 committed and are still committin0 acts of armed insurrection and rebellion consistin0 of armed raids, forays, sorties, ambushes, /anton acts of murders, s"oila0e, "lunder, lootin0, arsons, destruction of "ublic and "ri ate buildin0s, and attac?s a0ainst innocent and defenseless ci ilian li es and "ro"erty, all of /hich acti ities ha e seriously endan0ered and continue to endan0er "ublic order and safety and the security of the nation, ... CCC CCC CCC 8.4-4%!, it is e ident that there is throu0hout the land a state of anarchy and la/lessness, chaos and disorder, turmoil and destruction of a ma0nitude eAui alent to an actual /ar bet/een the forces of our duly constituted 0o ernment and the #e/ Peo"leBs %rmy and their satellite or0ani1ations because of the unmiti0ated forays, raids, ambuscades, assaults, iolence, murders, assassinations, acts of terror, deceits, coercions, threats, intimidations, treachery, machinations, arsons, "lunders and de"redations committed and bein0 committed by the aforesaid la/less elements /ho ha e "led0ed to the /hole nation that they /ill not sto" their dastardly effort and scheme until and unless they ha e fully attained their "rimary and ultimate "ur"ose of forcibly sei1in0 "olitical and state "o/er in this country by o erthro/in0 our "resent duly constituted 0o ernment, ... 9!ee $oo? 3, :ital Documents on the Declaration of Martial La/ in the Phili""ines by the !u"reme Court of the Phili""ines, "". ,+&+*; 3t follo/s that it is only that act of carryin0 a blunt or bladed /ea"on /ith a moti ation connected /ith or related to the afore&Auoted desired result of Proclamation ,=>, that is /ithin the intent of P.D. *9+;, and nothin0 else. !tatutes are to be construed in the li0ht of "ur"oses to be achie ed and the e ils sou0ht to be remedied. 96.!. . %merican 2rac?in0 %ssociation, +,= 6.!. D+', cited in L:# Pictures . Phili""ine Musicians Guild, ,,= Phil. <)D, <+,F em"hasis su""lied; 8hen construin0 a statute, the reason for its enactment should be ?e"t in mind, and the statute should be construed /ith reference to its intended sco"e and "ur"ose. 9!tatutory Construction by 4.2. Cra/ford, "". (='&(=D, cited in Commissioner of 3nternal -e enue . Fili"inas Com"ania de !e0uros, ,=< Phil. ,=DD, ,=(=F em"hasis su""lied; D. 3n the construction of P.D. *9+; it becomes rele ant to inAuire into the conseAuences of the measure if a strict adherence to the letter of the "ara0ra"h is follo/ed. 3t is a salutary "rinci"le in statutory construction that there eCists a alid "resum"tion that undesirable conseAuences /ere ne er intended by a le0islati e measure, and that a construction of /hich the statute is fairly susce"tible is fa ored, /hich /ill a oid all objectionable, mischie ous, indefensible, /ron0ful, e il, and injurious conseAuences. 9-a 3t is to be "resumed that /hen P.D. * /as "romul0ated by the President of the -e"ublic there /as no intent to /or? a hardshi" or an o""ressi e result, a "ossible abuse of authority or act of o""ression, armin0 one "erson /ith a /ea"on to im"ose hardshi" on another, and so on. 10 %t this instance 8e Auote from the order of Jud0e Purisima the follo/in07 %nd /hile there is no "roof of it before the Court, it is not difficult to belie e the murmurin0s of detained "ersons brou0ht to Court u"on a char0e of "ossession of bladed /ea"ons under P.D. #o. *, that more than e er before, "olicemen & of course not all can be so heartless @ no/ ha e in their hands P.D. #o. * as a most con enient tool for eCtortion, /hat /ith the terrifyin0 ris? of bein0 sentenced to im"risonment of fi e to ten years for a rusted ?itchen ?nife or a "air of scissors, /hich only God ?no/s /here it came from. 8hereas before martial la/ an eCtortion&minded "eace officer had to ha e a stoc? of the chea"est "alti?, and e en that could only con ey the coerci e messa0e of one year in jail, no/ anythin0 that has the semblance of a shar" ed0e or "ointed object, a ailable e en in trash cans, may already ser e the same "ur"ose, and yet fi e to ten times more incriminatin0 than the infamous "alti?. 9"". <)&<+, rollo L& ')=D=&((; %nd as res"ondent Jud0e Maceren "oints out, the "eo"leBs inter"retation of P.D. *9+; results in absurdity at times. 2o his eCam"le 8e may add a situation /here a la/&abidin0 citi1en, a la/yer by "rofession, after 0ardenin0 in his house remembers to return the bolo used by him to his nei0hbor /ho li es about += meters or so a/ay and /hile crossin0 the street meets a "oliceman. 2he latter u"on seein0 the bolo bein0 carried by that citi1en "laces him under arrest and boo?s him for a iolation of P.D. *9+;. Could the "residential decree ha e been concei ed to "roduce such absurd, unreasonable, and insensible resultsH (. Penal statutes are to be construed strictly a0ainst the state and liberally in fa or of an accused.

%merican juris"rudence sets do/n the reason for this rule to be Ethe tenderness of the la/ of the ri0hts of indi idualsF the object is to establish a certain rule by conformity to /hich man?ind /ould be safe, and the discretion of the court limited.E 11 2he "ur"ose is not to enable a 0uilty "erson to esca"e "unishment throu0h a technicality but to "ro ide a "recise definition of forbidden acts. 12 Our o/n decisions ha e set do/n the same 0uidelines in this manner, i17 Criminal statutes are to be construed strictly. #o "erson should be brou0ht /ithin their terms /ho is not clearly /ithin them, nor should any act be "ronounced criminal /hich is not made clearly so by the statute. 96.!. . %bad !antos, +( Phil. )'+, )'(; 2he rule that "enal statutes are 0i en a strict construction is not the only factor controllin0 the inter"retation of such la/s, instead, the rule merely ser es as an additional, sin0le factor to be considered as an aid in determinin0 the meanin0 of "enal la/s. 9Peo"le . Manantan, D !C-% (>', (*); F. 2he 3nformations filed by "etitioner are fatally defecti e. 2he t/o elements of the offense co ered by P.D. *9+; must be alle0ed in the 3nformation in order that the latter may constitute a sufficiently alid char0ed. 2he sufficiency of an 3nformation is determined solely by the facts alle0ed therein. 13 8here the facts are incom"lete and do not con ey the elements of the crime, the Auashin0 of the accusation is in order. !ection )9a;, -ule ,,< of the -ules of Court "ro ides that the defendant may mo e to Auash the com"laint or information /hen the facts char0ed do not constitute an offense. 3n 6.!.6. Gacutan, ,*,', it /as held that /here an accused is char0ed /ith ?no/in0ly renderin0 an unjust jud0ment under %rticle )=' of the -e ised Penal Code, failure to alle0e in the 3nformation that the jud0ment /as rendered ?no/in0 it to be unjust, is fatal. 14 3n Peo"le . 5adao, ,*D', this Court throu0h then Justice Cesar $en01on /ho later became Chief Justice of the Court affirmed an order of the trial court /hich Auashed an 3nformation /herein the facts recited did not constitute a "ublic offense as defined in !ection ,, -e"ublic %ct ,'D. 15 G. 2he filin0 of these Petitions /as unnecessary because the Peo"le could ha e a ailed itself of other a ailable remedies belo/. Pertinent "ro isions of the -ules of Court follo/7 -ule ,,<, !ection <. 4ffect of sustainin0 the motion to Auash. @ 3f the motion to Auash is sustained the court may order that another information be filed. 3f such order is made the defendant, if in custody, shall remain so unless he shall be admitted to bail. 3f such order is not made or if ha in0 been made another information is not filed /ithuntime to be s"ecified in the order, or /ithin such further time as the court may allo/ for 0ood cause sho/n, the defendant, if in custody, shall be dischar0ed therefrom, unless he is in custody on some other char0e. -ule ,,=, !ection ,+. %mendment. @ 2he information or com"laint may be amended, in substance or form, /ithout lea e of court, at any time before the defendant "leadsF and thereafter and durin0 the trial as to all matters of form, by lea e and at the discretion of the court, /hen the same can be done /ithout "rejudice to the ri0hts of the defendant. CCC CCC CCC 2/o courses of action /ere o"en to Petitioner u"on the Auashin0 of the 3nformations in these cases, i17 First, if the e idence on hand so /arranted, the Peo"le could ha e filed an amended 3nformation to include the second element of the offense as defined in the dis"uted orders of res"ondent Jud0es. 8e ha e ruled that if the facts alle0ed in the 3nformation do not constitute a "unishable offense, the case should not be dismissed but the "rosecution should be 0i en an o""ortunity to amend the 3nformation. 16 !econd, if the facts so justified, the Peo"le could ha e filed a com"laint either under !ection )( of %ct #o. ,<>=, Auoted earlier, or Manila City Ordinance #o. +>)=, as amended by Ordinance #o. +*)>, es"ecially since in most if not all of the cases, the dismissal /as made "rior to arrai0nment of the accused and on a motion to Auash. !ection >. -ule ,,< states that7 %n order sustainin0 the motion to Auash is not a bar to another "rosecution for the same offense unless the motion /as based on the 0rounds s"ecified in section ), subsections 9f; and 9h; of this rule. 6nder the fore0oin0, the filin0 of another com"laint or 3nformation is barred only /hen the criminal action or liability had been eCtin0uished 9!ection )IfJ; or /hen the motion to Auash /as 0ranted for reasons of double jeo"ardy. 9ibid., IhJ; %s to /hether or not a "lea of double jeo"ardy may be successfully in o?ed by the accused in all these cases should ne/ com"laints be filed a0ainst them, is a matter 8e need not resol e for the "resent. .. @ 8e conclude /ith hi0h eC"ectations that "olice authorities and the "rosecutin0 arm of the 0o ernment true to the oath of office they ha e ta?en /ill eCercise utmost circums"ection and 0ood faith in e aluatin0 the "articular circumstances of a case so as to reach a fair and just conclusion if a situation falls /ithin the

"ur ie/ of P.D. *9+; and the "rosecution under said decree is /arranted and justified. 2his obli0ation becomes a sacred duty in the face of the se ere "enalty im"osed for the offense. On this "oint, 8e commend the Chief !tate Prosecutor -odolfo %. #ocon on his letter to the City Fiscal of Manila on October ,D, ,*<D, /ritten for the !ecretary, no/ Minister of Justice, /here he stated the follo/in07

3n any case, "lease study /ell each and e ery case of this nature so that "ersons accused of carryin0 bladed /ea"ons, s"ecially those /hose "ur"ose is not to sub ert the duly constituted authorities, may not be unduly indicted for the serious offenses fallin0 under P.D. #o. *.
17

5es, /hile it is not /ithin the "o/er of courts of justice to inAuire into the /isdom of a la/, it is ho/e er a judicial tas? and "rero0ati e to determine if official action is /ithin the s"irit and letter of the la/ and if basic fundamental ri0hts of an indi idual 0uaranteed by the Constitution are not iolated in the "rocess of its im"lementation. 8e ha e to face the fact that it is an un/ise and unjust a""lication of a la/, necessary and justified under "re ailin0 circumstances, /hich renders the measure an instrument of o""ression and e il and leads the citi1enry to lose their faith in their 0o ernment. 8.4-4FO-4, 8e D4#5 these )( Petitions for -e ie/ and 8e %FF3-M the Orders of res"ondent Jud0es dismissin0 or Auashin0 the 3nformation concerned, subject ho/e er to Our obser ations made in the "recedin0 "a0es )+ to )D of this Decision re0ardin0 the ri0ht of the !tate or Petitioner herein to file either an amended 3nformation under Presidential Decree #o. *, "ara0ra"h +, or a ne/ one under other eCistin0 statute or city ordinance as the facts may /arrant. 8ithout costs. !O O-D4-4D. Fernando, 2eehan?ee, !antos, Fernande1 and Guerrero, JJ., concur. Castro, C.J. and %ntonio, J, concur in the result. %Auino, J, too? no "art.

Separate Opinions

BARREDO J. concurrin0. 3 concur /ith the Aualification that under eCistin0 juris"rudence con iction is "ossible, /ithout the need of amendin0 the information, for iolation of other la/s or ordinances on concealment of deadly /ea"ons. Ma?asiar, J, concurs. !O"!E#!$O" JR. J concurrin07 3 concur /ith the additional obser ation that accused could "ro"erly be con icted of a iolation of %ct ,<>= of the Phili""ine Commission or of the ordinance.

Separate Opinions BARREDO J. concurrin0. 3 concur /ith the Aualification that under eCistin0 juris"rudence con iction is "ossible, /ithout the need of amendin0 the information, for iolation of other la/s or ordinances on concealment of deadly /ea"ons. Ma?asiar, J, concurs.

!O"!E#!$O" JR. J concurrin07 3 concur /ith the additional obser ation that accused could "ro"erly be con icted of a iolation of %ct ,<>= of the Phili""ine Commission or of the ordinance. %ootnotes , ". ,,>, rollo of L&')=D=&((. ) "". ,=&,,, brief of Petitioner at ". ),>, 3bid. + %rt. 3:, !ec. ,*, ,*<+ Constitution. ' Francisco on the -e ised -ules of Court, ,*(* 4d., :ol. on Criminal Procedure, ". >(. D "". ++&+' brief of Petitioner filed by the City Fiscal of Manila. ( :alera . 2uason, Jr., et al., >= Phil. >)+, citin0 6.!. . Palacio, ++ Phil. )=>F Kuisumbin0 . Lachica, ) !C-% ,>)F %lmeda . Florentino, ,D !C-% D,'F Lechoco . Ci il %eronautics $oard, '+ !C-% (<=. < Peo"le . 4l?anish, ,*D,, *= Phil. D+, D< Peo"le . 5adao, ,*D', *' Phil. <)(, <)>. > ++ !C-% ,=D. !ee also <+ %m Jur )d +D, citin0 6nited !tates . #.4. -osenblum 2ruc? Lines, 3nc., +,D 6! D=,>( L 4d (<,F 6nited !tates . !tone & Do/ner Co., )<' 6! ))D, <, L 4d ,=,+F 4bert . Poston, )(( 6! D'>, (* L 4d '+DF 8isconsin C.-. Co. . Forsythe, ,D* 6! '(,'= L 4d <,. * ,+ !C-% ''*, 'D+F 4m"hasis su""lied. *&a <+ %m Jur )d ')>. ,= !ee <+ %m Jur )d '+)&'++ for cases on the fore0oin0 undesirable conseAuences. ,, 6nited !tates . .arris, ,<< 6! +=D, '' L 4d <>=, )= ! Ct (=*F $raffith . :ir0in 3slands 9C%+; )( F)d ('(F Caudill . !tate, ))' 3nd D+,, (* #4)d D'*F Jennin0s . Common/ealth, ,=* :a >),, (+ !4 ,=>=, all cited in <+ %m Jur )d 'D). ,) !tate . La11aro, )= % )d <+<, Auoted in MartinBs .andboo? on !tatutory Construction, -e . 4d. "". ,>+&,>'. ,+ Peo"le . !u"nad, < !C-% (=+, (=(. ,' )> Phil. !ee Moran, Comments on the -ules of Court, ,*<= 4d., :ol. ', ". ))). ,D *' Phil. <)(. ,( Peo"le . Pla1a, < !C-% (,<. ,< 2his letter /hich /as addressed to the City Fiscal of Manila referred to a decision of the Court of First 3nstance of Manila, $ranch 333, in Criminal Case #o. ),,<>, EPeo"le s. Conrado C. Petate, Efor iolation of Presidential Decree #o. *.

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