G.R. No. 108871 November 19, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GERRY BALLABARE and EDER BALLABARE, accused-appellant.

FACTS

Accused-appellant Gerry Ballabare and his brother Eder were charged with double murder and illegal possession of firearms for the killing of Juan and Leonardo Tacadao on September 16, 1990. The prosecution’s sole eyewitness, Tessie Asenita, testified that after a commotion involving their group and the victims, accused-appellant Gerry shot Leonardo Tacadao, while Eder shot Juan Tacadao. The defense presented alibi, claiming Gerry was playing basketball elsewhere. The trial court convicted Gerry Ballabare of two counts of murder and illegal possession of firearms, sentencing him to two penalties of reclusion perpetua and life imprisonment, respectively.

ISSUE

The primary issue is whether the trial court correctly convicted accused-appellant of two separate crimes of murder and illegal possession of firearms.

RULING

The Supreme Court modified the trial court’s decision. It held that the killing of the two brothers constituted two separate crimes of homicide, not murder, as the prosecution failed to prove the qualifying circumstance of treachery. The attack was not sudden and unexpected, as the victims were aware of the impending danger when they fled, enabling them to offer a possible defense. However, the Court ruled that accused-appellant could not be convicted of two separate crimes of homicide and illegal possession of firearms under the doctrine established in People v. Quijada. Applying the ruling in Quijada, when an unlicensed firearm is used in a homicide or murder, the crime is absorbed into the aggravated form of illegal possession. Therefore, accused-appellant should only be punished for the single aggravated crime of illegal possession of firearms, not for homicide as a separate offense. The case against Eder Ballabare remained archived as he was at large.