FACTS
Information’s were filed before the three Courts of First Instance
involved in charging the defendants with “illegal possession of deadly weapon”
in violation of PD No. 9. The three respondent Judges issued in the cases filed
an Order quashing or dismissing the informations on a common ground that the
information did not allege facts which constitute the offense penalized by PD
No. 9 because it failed to state one element
of the crime. The missing element of the offense charged is the carrying
outside of the accused’s residence of bladed, pointed or blunt weapon in
furtherance or on the occasion of connected with or related to subversion,
insurrection, or rebellion, organized lawlessness or public disorder.
Petitioners argued that the real nature of the criminal charge is determined
not from the caption or preamble of the information nor from the specification
of the provision of law alleged to have been violated but by the actual recital
of facts in the complaint or information.
ISSUE
Whether or not the preamble is an essential part to determine the
real nature of the crime charged.
HELD
Yes, because the aid available to ascertain the intent or reason of
PD No. 9 is clearly spelled out in the “Whereas” clauses, or the preamble of
the statute. A “preamble” is the key of the statute, to open the minds of the
makers as to the mischief which are to be remedied, and objects which are to be
accomplished, by the provisions of the statute. While the preamble of the
statute is not strictly a part thereof, it may, when the statute is in itself
ambiguous and difficult of interpretation, be resorted to, but not to create a
doubt or uncertainly which otherwise does not exist.
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