PEOPLE v. HON. A. PURISIMA, et al., G.R. Nos. 1-420050-66, November 20, 1978

 

PEOPLE v. HON. A. PURISIMA, et al., G.R. Nos. 1-420050-66, November 20, 1978

In this case, the Supreme Court ruled that the intent and spirit of Presidential Decree No. 9 can be found in the preamble or "whereas" clauses, which enumerate the facts, or events that justify the promulgation of the decrees and the stiff sanctions stated therein.

FACTS: Information for violation of PD No. 9 was ordered quashed by Judge Purisima. The latter reasoned out that the information failed to allege an essential element of the offense; thus: That the carrying outside of the accused's residence of a bladed, pointed or blunt weapon is in furtherance or on the occasion of, connected with or related to subversion, insurrection, rebellion, organized lawlessness or public disorder.

On appeal, the Solicitor General raised the argument that the prohibited acts need not be related to subversion activities and that the preamble of the statute or that expressed in the "whereas" clauses is not an essential part of an act and cannot enlarge or confer powers, or cure inherent defects in the statute. It was also argued that the explanatory note merely explains the reasons for issuing the decree and this cannot prevail over the text itself.

HELD: The Court disagrees with the contention of the Solicitor General. Because of the problem of determining what acts fall within the purview of PD No. 9, 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 sanction stated therein.

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