G.R. No. 123137 ; October 17, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PO2 ALBERT ABRIOL, MACARIO ASTELLERO, and JANUARIO DOSDOS, accused-appellants.

FACTS

The case involves the murder of Alejandro Flores on June 5, 1993, in Cebu City. Appellants were PO2 Albert Abriol, a detention prisoner for murder; Macario Astellero, a former prisoner employed by the jail warden; and Januario Dosdos, a convicted prisoner. Despite their incarceration, they enjoyed special privileges as trustees at the Bagong Buhay Rehabilitation Center. Eyewitness Romeo Sta. Cruz, Jr., a radio reporter, testified that he heard gunshots and saw a man, later identified as Flores, running and shouting for help. He then witnessed a red “Jiffy” vehicle pursue the victim. After Flores collapsed, a tall, thin man alighted from the vehicle and fired several shots at the prostrate victim before fleeing. Police investigation led to the chase and eventual arrest of the appellants in the same vehicle, with firearms recovered.

ISSUE

The primary issue is whether the guilt of appellants for the crimes of Murder and Illegal Possession of Firearms was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the convictions but modified the penalties and damages. The prosecution successfully established appellants’ guilt through the credible and consistent eyewitness account of Sta. Cruz, who positively identified Abriol as the tall, thin man who alighted and shot the fallen victim. The flight of appellants immediately after the incident and their possession of the firearms used in the crime further corroborated their culpability. The qualifying circumstance of treachery was correctly appreciated as the attack was sudden and deliberate, rendering the victim defenseless. However, applying the doctrine in People v. Molina, the Court ruled that when murder or homicide is committed with an unlicensed firearm, it constitutes only one special aggravating offense of illegal possession of firearm used in murder. Thus, the separate conviction for simple illegal possession under P.D. 1866 was set aside, and the unlicensed firearm was treated as an aggravating circumstance in the murder charge. The penalty of reclusion perpetua for murder was sustained. The Court also awarded civil indemnity, moral damages, and exemplary damages to the heirs of the victim, but deleted the award for attorney’s fees due to the lack of factual and legal justification.