GR 124384; (January, 2000) (Digest)
G.R. Nos. 124384-86 January 28, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMENCIANO “OMENG” RICAFRANCA, EDSON RICAFRANCA and GEORGIE RICAFRANCA, accused-appellants.
FACTS
Accused-appellants Romenciano, Edson, and Georgie Ricafranca were charged with Murder for the killing of Alfredo dela Cruz on January 6, 1993, in Pola, Oriental Mindoro. The prosecution’s evidence established that the killing stemmed from a dispute over jeepney rental fees. A day before the incident, the victim publicly complained about Edson’s excessive charges. On the day of the killing, Edson flagged down a jeep carrying dela Cruz, dragged him out, and punched him. As dela Cruz fled, Georgie appeared and fired at him but hit Edson instead. The chase continued until Romenciano, the father, emerged and physically restrained the victim. During the struggle, Edson fired again, hitting Romenciano. The victim eventually collapsed after being shot by Edson and Georgie. Separate charges for Illegal Possession of Firearms were also filed against Edson and Georgie. The trial court convicted all three of Murder and sentenced them to life imprisonment, also convicting Edson and Georgie on the firearms charges.
ISSUE
The main issues were: (1) whether the accused-appellants’ guilt for Murder was proven beyond reasonable doubt, and (2) whether the convictions for Illegal Possession of Firearms could stand alongside the Murder conviction.
RULING
The Supreme Court affirmed the Murder conviction but modified the penalties. The Court found conspiracy among the appellants, evidenced by their concerted actions to pursue, corner, and kill the victim. The qualifying circumstance of treachery was present because the attack was sudden and deliberate, rendering the victim defenseless, especially when Romenciano restrained him, ensuring his inability to retaliate. However, the Court corrected the penalty from “life imprisonment” to reclusion perpetua, as the former is not a precise technical term in the Revised Penal Code. Regarding the firearms charges, the Court acquitted Edson and Georgie, applying the doctrine from People vs. Ladjaalam. When an unlicensed firearm is used in the commission of a crime like murder, it is absorbed as an aggravating circumstance. A separate conviction for illegal possession under Presidential Decree No. 1866 is improper. Thus, the illegal possession convictions were set aside. The civil indemnity for the victim’s heirs was also increased to P50,000.00 in line with prevailing jurisprudence.