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    People Vs Licera

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    lyleregencia
    The Supreme Court ruled in favor of Rafael Licera, who was charged in 1965 for illegal possession of a firearm without a license. At the time of his apprehension, Licera had been appointed as a secret agent by the governor in 1961, which exempted him from licensing requirements under a prior legal precedent. However, the trial court had applied a new legal precedent from 1967 retrospectively to convict Licera. The Supreme Court held that this was erroneous, as the new precedent could only apply prospectively and not adversely affect those who relied on the prior legal rules in place at the time of their actions.

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    People Vs Licera

    Uploaded by

    lyleregencia
    912 views1 page
    The Supreme Court ruled in favor of Rafael Licera, who was charged in 1965 for illegal possession of a firearm without a license. At the time of his apprehension, Licera had been appointed as a secret agent by the governor in 1961, which exempted him from licensing requirements under a prior legal precedent. However, the trial court had applied a new legal precedent from 1967 retrospectively to convict Licera. The Supreme Court held that this was erroneous, as the new precedent could only apply prospectively and not adversely affect those who relied on the prior legal rules in place at the time of their actions.

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    People vs Licera

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    The Supreme Court ruled in favor of Rafael Licera, who was charged in 1965 for illegal possession of a firearm without a license. At the time of his apprehension, Licera had been appointed as a secret agent by the governor in 1961, which exempted him from licensing requirements under a prior legal precedent. However, the trial court had applied a new legal precedent from 1967 retrospectively to convict Licera. The Supreme Court held that this was erroneous, as the new precedent could only apply prospectively and not adversely affect those who relied on the prior legal rules in place at the time of their actions.

    Copyright:

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

    People Vs Licera

    Uploaded by

    lyleregencia
    The Supreme Court ruled in favor of Rafael Licera, who was charged in 1965 for illegal possession of a firearm without a license. At the time of his apprehension, Licera had been appointed as a secret agent by the governor in 1961, which exempted him from licensing requirements under a prior legal precedent. However, the trial court had applied a new legal precedent from 1967 retrospectively to convict Licera. The Supreme Court held that this was erroneous, as the new precedent could only apply prospectively and not adversely affect those who relied on the prior legal rules in place at the time of their actions.

    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-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.

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