GR 169432; (October, 2006) (Digest)
G.R. No. 169432 ; October 30, 2006
PEOPLE OF THE PHILIPPINES, appellee, vs. EDUARDO TAAN @ “Bebot” and DANNY DOE, appellants.
FACTS
Accused-appellant Eduardo Taan was charged with murder for the killing of Ricardo Ladaga. The prosecution evidence, primarily through eyewitness Juanito Ochinang, established that on July 18, 1999, Taan and his companions accosted Ladaga, accusing him of robbery. Ladaga was tied, struck with a stone, and later brought to an irrigation canal. There, between midnight and 1:00 a.m., Taan, armed with an unlicensed firearm, poked a gun into Ladaga’s mouth and fired it four times, killing him. Ochinang witnessed the shooting from about a meter away. Taan then buried the body. The victim’s remains were exhumed over a month later, and an autopsy confirmed gunshot wounds to the head as the cause of death. The Regional Trial Court convicted Taan of murder aggravated by the use of an unlicensed firearm and imposed the death penalty.
ISSUE
Whether the Court of Appeals correctly affirmed the conviction of Eduardo Taan for murder and the imposition of the penalty of reclusion perpetua, considering the presence of treachery and the use of an unlicensed firearm.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimony of eyewitness Ochinang credible, consistent, and corroborated by physical evidence. The killing was attended by treachery because the attack was sudden and deliberate, ensuring the victim had no opportunity to defend himself. The use of an unlicensed firearm was properly considered as a special aggravating circumstance under Republic Act No. 8294 . However, the Court applied the ruling in People v. Tubongbanua, which holds that when murder is aggravated only by the use of an unlicensed firearm, the proper penalty is reclusion perpetua, not death. The death penalty cannot be imposed solely based on this special aggravating circumstance. Thus, the Court affirmed the finding of guilt for murder qualified by treachery, with the use of an unlicensed firearm as an aggravating circumstance, and modified the penalty from death to reclusion perpetua. The award of damages to the victim’s heirs was also sustained.