GR 114185; (January, 1997) (Digest)
G.R. No. 114185 January 30, 1997
People of the Philippines vs. Ricardo Tobias @ “Ding”
FACTS
Accused Ricardo Tobias was initially charged with murder for the death of Esteban Lim, Jr. The complaint was amended to “Violation of P.D. 1866 Resulting to Murder” after a certification stated the firearm used was unlicensed. The Municipal Trial Court admitted the amended complaint over the accused’s objection that it charged a distinct offense. After preliminary investigation, an Information for “Qualified Illegal Possession of Firearm Used in Murder” was filed in the Regional Trial Court (RTC). The prosecution evidence established that on October 5, 1990, after an altercation, Tobias shot the victim multiple times with a 9mm pistol. Deputy Chief of Police Renato Turingan responded, confiscated the gun from Tobias, and later verified it was unlicensed.
The RTC convicted Tobias of the complex crime of illegal possession of firearm used in murder under P.D. 1866, as amended, and sentenced him to reclusion perpetua. On appeal, Tobias argued the trial court lacked jurisdiction, contending the killing constituted simple murder, and that the prosecution failed to prove the firearm was unlicensed beyond reasonable doubt.
ISSUE
The core issue is whether the trial court correctly acquired jurisdiction and convicted the accused for the complex crime of illegal possession of firearm used in murder under P.D. 1866.
RULING
The Supreme Court affirmed the conviction. On jurisdiction, the Court held that the description of the offense in the Information as “Qualified Illegal Possession of Firearm Used in Murder” clearly fell under P.D. 1866, which prescribes the penalty of reclusion temporal in its maximum period to reclusion perpetua. This penalty is within the exclusive original jurisdiction of the RTC, thereby vesting it with proper jurisdiction. The Court rejected the argument that the case was a simple murder, emphasizing that the allegation of the use of an unlicensed firearm in committing the killing integrated the offenses into the special complex crime defined by the decree.
On the merits, the Court found the prosecution proved all elements of the crime. Eyewitness testimony, including that of the victim’s widow, credibly established that Tobias shot the victim. The testimony of Deputy Chief Turingan, who personally confiscated the firearm from Tobias and later verified its lack of license through official certification, constituted sufficient proof of illegal possession. The defense of alibi and claim of licensed firearm were deemed weak and unsubstantiated. The killing was attended by treachery, as the victim was shot from behind while chasing another assailant, qualifying the homicide to murder. Thus, the conviction for the complex crime under P.D. 1866 was upheld.