CASE 2016-0059: PEOPLE OF THE PHILIPPINES VERSUS LUISITO GABORNE Y CINCO (G.R. No. 210710, 27 JULY 2016, PEREZ, J.) (SUBJECT/S: MURDER WITH UNLICENSED FIREARM; FRUSTRATED MURDER; CIVIL INDEMNITIES IN CASE OF DEATH RESULTING FROM MURDER) (BRIEF TITLE: PEOPLE VS. CINCO)
DISPOSITIVE:
“WHEREFORE, the 29 July 2013 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 01183 is AFFIRMED with MODIFICATIONS. Appellant LUISITO GABORNE Y CINCO is found GUILTY beyond reasonable doubt of the crime of Murder with the use of Unlicensed Firearm and shall suffer a penalty of Reclusion Perpetua, without eligibility for parole and shall pay the Heirs of Sixto Elizan y Herrera Pl00,000.00 as civil indemnity, Pl 00,000.00 as moral damages, and Pl 00,000.00 as exemplary damages; and of the crime of Frustrated Murder and is hereby sentenced to suffer the indeterminate penalty ranging from eleven ( 11) years of Pris ion Mayor as minimum, to eighteen ( 18) years of Reclusion Temporal as maximum and shall pay P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages.
All monetary awards for damages shall earn interest at the legal rate of six percent ( 6%) per annum from the date of finality of this judgment until fully paid.
In the service of his sentence, appellant, who is a detention prisoner, shall be credited with the entire period of his preventive imprisonment.
SO ORDERED.”
SUBJECTS/DOCTRINES/DIGEST:
“Illegal Possession of Firearm as an aggravating circumstance in the crimes of Murder and Frustrated Murder
The CA appropriately appreciated the use of an unlicensed firearm as an aggravating circumstance in the crimes of Murder and Frustrated Murder. Under R.A. No. 1059, use of loose firearm in the commission of a crime, like murder, shall be considered as an aggravating circumstance. 58
In view of the amendments introduced by R.A. No. 8294 and R.A. No. 10591, to Presidential Decree No. 1866, separate prosecutions for homicide and illegal possession are no longer in order. Instead, illegal possession of firearm is merely to be taken as an aggravating circumstance in the crime of murder. 59 It is clear from the foregoing that where murder results from the use of an unlicensed firearm, the crime is not qualified illegal possession but, murder.· In such a case, the use of the unlicensed firearm is not considered as a separate crime but shall be appreciated as a mere aggravating circumstance. Thus, where murder was committed, the penalty for illegal possession of firearms is no longer imposable since it becomes merely a special aggravating circumstance. 60 The intent of Congress is to treat the offense of illegal possession of firearm and the commission of homicide or murder with the use of unlicensed firearm as a· single offense.61
In the case at hand, since it was proven that accused-appellant was not a licensed firearm holder, 62 and that he was positively identified by the witnesses as the one who fired shots against the victims, the use of an unlicensed firearm in the commission of the crimes of Murder and Frustrated Murder should be considered as an aggravating circumstance thereof.
The presence of such aggravating circumstance would have merited the imposition of the death penalty for the crime of Murder. However, in view of R.A. No. 9346, we are mandated to impose on appellant the penalty of reclusion perpetua without eligibility for parole.
Damages and civil liability
This Court resolves to modify the damages awarded by the appellate court in line with the recent jurisprudence.63 Appellant shall pay the Heirs of Sixto Elizan y Herrera Pl 00,000.00 as civil indemnity, Pl 00,000.00 as moral damages, and Pl00,000.00 as exemplary damages for the crime of Murder with the use of Unlicensed Firearm.
Appellant shall also be liable to pay P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages for the crime of Frustrated Murder. In addition, interest at the rate of six percent ( 6%) per annum shall be imposed on all monetary awards from date of finality of this Judgment until fully paid.”
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