GR 127753; (December, 2000) (Digest)
G.R. No. 127753 ; December 11, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINGO VALDEZ Y DULAY, accused-appellant.
FACTS
Accused-appellant Domingo Valdez y Dulay was convicted by the Regional Trial Court for the crimes of Murder and Illegal Possession of Firearms under Presidential Decree No. 1866. The charges stemmed from the shooting death of Labrador Valdez on October 31, 1995. The prosecution established that while the victim was lying on a carabao sled under his father’s house, an assailant fired two shots from the western side. The victim was hit in the hand and chest, the latter wound proving fatal. Before succumbing to his injuries, the victim, in response to inquiries from his brother Rolando and other relatives, identified the appellant as his assailant. The trial court sentenced appellant to death for Murder and reclusion perpetua for illegal possession of firearms.
ISSUE
The primary issues were: (1) whether the prosecution proved appellant’s guilt for murder beyond reasonable doubt; (2) the propriety of the qualifying and aggravating circumstances; and (3) the correctness of convicting appellant for two separate offenses of murder and illegal possession of firearms.
RULING
The Supreme Court affirmed the murder conviction but modified the penalties and dismissed the separate conviction for illegal possession of firearms. The Court found the victim’s ante-mortem statements, identifying appellant as the shooter, admissible as a dying declaration. The victim made these statements while conscious of his impending death, as evidenced by the gravity of his wounds and the circumstances under which he spoke. This declaration, coupled with the lack of evidence showing any ill motive for the witnesses to falsely testify, sufficiently established appellant’s guilt.
Regarding the separate conviction for illegal possession, the Court applied Republic Act No. 8294 , which amended P.D. 1866. This amendatory law, being favorable to the appellant, was given retroactive effect. Under the amended law, the use of an unlicensed firearm in the commission of murder is not punished as a separate offense but is merely treated as an aggravating circumstance in the murder charge. Consequently, the conviction for illegal possession was annulled and dismissed. The death penalty for murder was affirmed, but the awards for civil indemnity and actual damages were modified to conform to the amounts duly proven during trial.