G.R. No. 115835 July 22, 1998.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VERIATO MOLINA, RUBEN MOLINA, GREGORIO GAJAS, CASIMIRO (a.k.a. “QUINTIN”) CASTILLO, JESUS ARIOLA, “JOHN DOE,” “RICHARD DOE,” “MICHAEL DOE” AND “MARK DOE,” accused, VERIATO MOLINA and RUBEN MOLINA, accused-appellants.

FACTS

Two Informations were filed against Veriato Molina, Ruben Molina, Gregorio Gajas, Casimiro Castillo, Jesus Ariola, and four “Does.” The first charged them with multiple murder and multiple frustrated murder for a shooting incident on August 14, 1989, in Barangay San Antonio, Ilagan, Isabela, which resulted in the deaths of Mayor Bonifacio Uy, Councilor Antonio Manaligod, Jaime Vargas, and Policarpio Estrada, and the wounding of Manuel Mariano, Andres Figarola, Moises de la Cruz, and Wilma Acierto. The second Information charged them with illegal possession of firearms and ammunition. The cases were transferred to the Regional Trial Court of Pasay City. After trial, the court acquitted Gregorio Gajas, Casimiro Castillo, and Jesus Ariola but convicted accused-appellants Veriato Molina and Ruben Molina. They were found guilty of multiple murder and frustrated murder in Criminal Case No. 1287, and of illegal possession of firearm and ammunition in Criminal Case No. 1288. They were sentenced to four penalties of reclusion perpetua for the murders, a prison term for frustrated murder, and a straight penalty of seventeen years, four months, and one day of reclusion temporal for illegal possession. They were also held civilly liable.

ISSUE

The primary legal issue addressed in the ruling pertains to the application of Republic Act No. 8294 , which amended Presidential Decree No. 1866, regarding the proper penalty when an unlicensed firearm is used in the commission of homicide or murder. Specifically, whether the use of an unlicensed weapon constitutes a separate offense of illegal possession of firearms or merely an aggravating circumstance in the crime of homicide or murder.

RULING

The Court affirmed the conviction of accused-appellants for the murder of Mayor Bonifacio Uy and others. However, it applied Republic Act No. 8294 retroactively in favor of the accused-appellants. Under this new law, the use of an unlicensed firearm in the commission of homicide or murder is considered merely as an aggravating circumstance and not a separate offense. This modified the previous ruling in People vs. Quijada, which held that the use of an unlicensed firearm in a killing resulted in two separate crimes: illegal possession of firearm and homicide/murder. Consequently, the separate conviction for illegal possession of firearms under Criminal Case No. 1288 was set aside. The penalties for the murder convictions were upheld, but the illegal possession charge was absorbed as an aggravating circumstance in the murder charges.