GR L 55418 19; (June, 1982) (Digest)
G.R. No. L-55418-19 June 29, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SAMUEL MAMOGAY y MABA alias “MANUEL”, accused-appellant.
FACTS
On November 3, 1977, in Abuyog, Leyte, Samuel Mamogay shot and killed Lucrecio Garzola using an unlicensed homemade firearm known as a “Latong.” He was consequently charged with two separate crimes: Murder in Criminal Case No. 3552 and Illegal Possession of Firearm under Presidential Decree No. 9 in Criminal Case No. 3553. The cases were jointly tried. On December 3, 1979, Mamogay, assisted by counsel de oficio, pleaded guilty to both charges. The trial court, however, required the prosecution to present evidence, but its witnesses could not be located. Mamogay himself took the stand, admitting the killing and his voluntary surrender. The court appreciated the mitigating circumstances of voluntary surrender and plea of guilty for both charges.
ISSUE
The core issue for automatic review is whether the trial court correctly imposed the mandatory death penalty for the crime of illegal possession of firearm under P.D. No. 9 .
RULING
The Supreme Court ruled that the imposition of the death penalty was erroneous. The trial court’s reliance on Section 1(a) of P.D. No. 9 was misplaced. This provision mandates death only if the information specifically alleges that the unlicensed firearm was used in the commission of crimes against persons, property, or chastity causing death, or in crimes with an overtone of subversion or rebellion. The information in Criminal Case No. 3553 for illegal possession merely alleged possession of an unlicensed “Latong” without any allegation that it was used to commit murder. A plea of guilty only admits the facts alleged in the information. Since the qualifying circumstance of use in a killing was not pleaded, the offense did not fall under the capital provisions of P.D. No. 9 . Furthermore, the Court noted the crime was an impulsive, isolated act with no elements of subversion contemplated by the decree. Consequently, the proper penalty is derived from the Revised Administrative Code, as amended. The judgment was modified, sentencing Mamogay to an indeterminate penalty of three years and one day to five years imprisonment and a fine.