This is an appeal by the defendant,  Dionisio Feliciano, from the  judgment  of the Court  of  First Instance of Cagayan, finding  him guilty  of illegal possession of  a firearm and  ammunition and sentencing him to undergo imprisonment for  an  indeterminate period of not less than one year and one day and not more than three years, with costs, the  firearm and  ammunition being declared  confiscated in favor of the Government.

In the early morning  of  June 10, 1950, Constabulary Sergeant Roman Arao conducted a search in  the house of Francisco  Mamba located in the poblacion of  Tuao, Cagayan, in the course  of which he found under the pillow of the  appellant a revolver, caliber .45, with three rounds of ammunition.  It is not necessary to  take up  appellant's argument that there is absolutely no proof that he had no permit  or  license to possess the articles  in  question, because the other contention that the appellant is not liable in view of Republic Act No. 482, is correct.   This Act, in section  1, provides that an unlicensed holder or possessor of any firearm  or ammunition may, without incurring criminal liability, surrender the same within  the period of one year from the date the Act took effect  (June 10, 1950), but that such unlicensed holder or possessor is not exempted if found within said period making use of the firearm and ammunition  or carrying  them  on  his person except for purposes of  surrender.  The statute, in  effect legalizing mere unlicensed  possession for a limited period,  punishes only  (1) using a firearm or ammunition or  (2)  carrying the  same  on the  person except to  give them  up.  The appellant was not charged with any of these two acts.

Wherefore, and following the recommendation  of the Solicitor General, the  appealed judgment is  reversed  and the defendant-appellant acquitted with costs de officio.   So ordered.

Feria, Pablo,  Bengzon, Padilla,  Tuason, Montemayor, Reyes, Jugo, Bautista Angela and Labrador, JJ., concur.