This case has been cited 1 times or more.
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2000-05-04 |
MENDOZA, J. |
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| A good illustration of the scope of overruling decisions is People v. Mapa,[16] where the accused was charged with illegal possession of firearms. The accused invoked the ruling in an earlier case[17] that appointment as a secret agent of a provincial governor to assist in the maintenance of peace and order sufficiently put the appointee in the category of a "peace officer" equal to a member of the municipal police authorized under §879 of the Administrative Code of 1917 to carry firearms. The Court rejected the accused's contention and overruled the prior decision in People v. Macarandang on the ground that §879 of the Administrative Code of 1917 was explicit and only those expressly mentioned therein were entitled to possess firearms. Since secret agents were not among those mentioned, they were not authorized to possess firearms. | |||||