GR 109993; (January, 1994) (Digest)
G.R. No. 109993 January 21, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELIAS BARASINA y LAYNEZA, accused-appellant.
FACTS
On July 17, 1988, at around 6:40 p.m., Fiscal Lino Mayo was shot and killed by a single bullet to the left cheek from a .45 caliber firearm while walking at the VIP parking lot of the Victory Liner Compound in Caloocan City. Accused-appellant Elias Barasina was charged with illegal possession of a firearm under P.D. 1866 and murder. Multiple witnesses testified to the events: Rufino Alvarez saw a man holding a .45 caliber handgun immediately after hearing a shot, saw another man fall, and then saw the gunman run away. Security guard Felipe Hamtig witnessed the shooting, seeing a second man shoot the victim from behind. Porter Ruel Ganiola and Barangay Councilman Prudencio Motos, upon hearing the shot, saw the gunman run and gave chase. A policeman, Pfc. Napoleon Francia, apprehended the accused-appellant near the LRT station and confiscated a .45 caliber pistol from his waist. An autopsy confirmed the cause of death as a gunshot wound to the head. Paraffin tests on the accused-appellant were positive for gunpowder nitrates, and ballistic examination confirmed that the empty shell found at the scene was fired from the confiscated firearm. The accused-appellant denied the charges, claiming he merely picked up a gun dropped by a stranger who bumped him and fired it to get the stranger’s attention.
ISSUE
The primary issue is whether the accused-appellant is guilty beyond reasonable doubt of the crimes of illegal possession of a firearm and murder.
RULING
The Supreme Court affirmed the conviction of the accused-appellant for both crimes. The Court found the testimonies of the prosecution witnesses to be positive, categorical, and credible, sufficiently establishing the accused-appellant’s culpability and overcoming his defense of denial and his improbable version of events. The Court agreed with the penalty imposed by the Court of Appeals: reclusion perpetua for illegal possession of a firearm and another reclusion perpetua for murder. The civil indemnity to the victim’s heirs was increased to Fifty Thousand Pesos (P50,000.00).