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People V Purisima

The petitions filed by the People of the Philippines were consolidated into one decision as they involved the same question of law. Informations were filed charging accused individuals with illegal possession of deadly weapons in violation of Presidential Decree No. 9. The judges dismissed the informations on the grounds that they did not allege all essential elements of the crime. The issues are whether the informations were sufficient and if they properly charged the offense under Presidential Decree No. 9. The court dismissed the petitioner's motions and affirmed the decisions of the respondent judges, holding that the offense has two elements - carrying a weapon outside one's residence and that the act was in furtherance of subversion or disorder - and statutory construction must consider legislative intent to avoid

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115 views1 page

People V Purisima

The petitions filed by the People of the Philippines were consolidated into one decision as they involved the same question of law. Informations were filed charging accused individuals with illegal possession of deadly weapons in violation of Presidential Decree No. 9. The judges dismissed the informations on the grounds that they did not allege all essential elements of the crime. The issues are whether the informations were sufficient and if they properly charged the offense under Presidential Decree No. 9. The court dismissed the petitioner's motions and affirmed the decisions of the respondent judges, holding that the offense has two elements - carrying a weapon outside one's residence and that the act was in furtherance of subversion or disorder - and statutory construction must consider legislative intent to avoid

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Carissa Cruz
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

L-42050-66 November 20, 1978


PEOPLE VS. PURISIMA

FACTS:
There are twenty-six (26) Petitions for Review filed by the People of the Philippines
represented, respectively, by the Office of the City Fiscal of Manila, the Office of the
Provincial Fiscal of Samar, and joined by the Solicitor General, are consolidated in this
one Decision as they involve one basic question of law.
Before those courts, Informations were filed charging the respective accused with
"illegal possession of deadly weapon" in violation of Presidential Decree No. 9. On a
motion to quash filed by the accused, the three Judges mentioned above issued in the
respective cases filed before them — the details of which will be recounted below — an
Order quashing or dismissing the Informations, on a common ground, viz, that the
Information did not allege facts which constitute the offense penalized by Presidential
Decree No. 9 because it failed to state one essential element of the crime.

ISSUES:
Are the Informations filed by the People sufficient in form and substance to constitute
the offense of "illegal possession of deadly weapon" penalized under Presidential
Decree (PD for short) No. 9?

There are two elements to the the offense: first, the carrying outside one's residence of
any bladed, blunt, or pointed weapon, etc. not used as a necessary tool or implement
for a livelihood; and second, that the act of carrying the weapon was either in
furtherance of, or to abet, or in connection with subversion, rebellion, insurrection,
lawless violence, criminality, chaos, or public disorder.

The petitioner by having one particular stand of the carrying of any dangerous weapon
outside of the residence w/o regard to motive or intent makes this a case of statutory
construction.

HELD:

COURT DISMISSED ALL MOTIONS MADE BY THE PETITIONER AND AFFIRMS ALL
DECISIONS MADE BY THE RESPONDENT JUDGES.

STATUTORY CONSTRUCTION LESSON:

The problem of determining what acts fall within the purview of a statute, it becomes
necessary to inquire into the intent and spirit of the decree and this can be found
among others in the preamble or, whereas" clauses which enumerate the facts or
events which justify the promulgation of the decree and the stiff sanctions stated
therein.

It is a salutary principle in statutory construction that there exists a valid


presumption that undesirable consequences were never intended by a legislative
measure, and that a construction of which the statute is fairly susceptible is favored,
which will avoid all objectionable, mischievous, indefensible, wrongful, evil, and
injurious consequence.

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