GR 126253; (August, 2000) (Digest)
G.R. No. 126253 ; August 16, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICTOR M. MACOY, JR., accused-appellant.
FACTS
Accused-appellant Victor M. Macoy, Jr. was charged with Parricide and Illegal Possession of Firearm and Ammunition. The prosecution established that in the early morning of October 9, 1995, a drunken Macoy arrived at his home in Cebu City. An argument ensued with his son, Joglyn, regarding a muddy road. The son was persuaded by his uncle, Cresenciano Marikit, to go to a nearby store to cool off. Macoy then retrieved a .38 caliber revolver from his room, followed his son to the store, and shot him. Cresenciano witnessed the shooting, wrestled the gun from Macoy, and the firearm was discarded into a canal. Joglyn was declared dead on arrival at the hospital from a gunshot wound to the chest.
The Regional Trial Court convicted Macoy of both charges, sentencing him to two penalties of reclusion perpetua for parricide and illegal possession, plus damages. Macoy appealed, arguing the trial court erred in giving credence to the prosecution witnesses and in convicting him for two separate offenses arising from a single act.
ISSUE
Whether the accused-appellant should be convicted of two separate offenses—Parricide and Illegal Possession of Firearm—for the single act of shooting his son with an unlicensed firearm.
RULING
The Supreme Court modified the trial court’s decision. It affirmed the conviction for Parricide but dismissed the separate charge for Illegal Possession of Firearm. The legal logic hinges on the application of Republic Act No. 8294 , which amended the law on illegal possession. The Court ruled that where an unlicensed firearm is used in the commission of a crime like murder or homicide, the use of the firearm is no longer a separate offense but shall be considered as an aggravating circumstance. This rule applies even if the crime committed is parricide, as parricide is essentially murder qualified by relationship. Since the law (R.A. 8294) is favorable to the accused, it was given retroactive effect.
Consequently, the illegal possession charge was absorbed by the parricide charge. The use of the unlicensed firearm was properly treated as an aggravating circumstance for the parricide. The penalty for parricide is reclusion perpetua to death. With the aggravating circumstance present, the maximum penalty of death could be imposed. However, due to the presence of the mitigating circumstance of voluntary surrender, the penalty was reduced to reclusion perpetua. The Court thus sentenced Macoy to reclusion perpetua for parricide, affirmed the awarded damages, and dismissed the illegal possession case.