GR 149887; (February, 2004) (Digest)
G.R. No. 149887 ; February 13, 2004
THE PEOPLE OF THE PHILIPPINES, appellee, vs. FERNANDO ALLAWAN y LANDEZA, EDGAR ATOS y LICAWAN, RUDY HERMOGENES, JUN-JUN SASAN @ HUSEIN, and REY LAURON, accused. FERNANDO ALLAWAN y LANDEZA and EDGAR ATOS y LICAWAN, appellants.
FACTS
On August 9, 2000, Feliciano Sabroso, Sr. was shot and killed inside his vehicle in Davao City. The prosecution established that appellant Fernando Allawan initially approached the driver’s side, broke the side mirror, and shot Sabroso. When Sabroso’s wife, Dessie, attempted to intervene, Allawan’s gun misfired. Appellant Edgar Atos then approached and shot the victim twice more. Eyewitnesses Joelfredo Cordova and Carmen dela Cruz positively identified both appellants as the assailants. The appellants fled but were later apprehended. Atos was found hiding near the shore, and a .38 caliber revolver was recovered from him. Allawan was arrested after being mauled by residents and was identified at the police station.
The appellants were charged with Murder. The Regional Trial Court convicted them, finding the killing was qualified by treachery. The court also appreciated the aggravating circumstance of use of an unlicensed firearm. The appellants appealed, challenging the credibility of witnesses and the appreciation of treachery and the aggravating circumstance.
ISSUE
The core issues were: (1) whether the prosecution proved the appellants’ guilt for Murder beyond reasonable doubt; (2) whether treachery was correctly appreciated to qualify the killing to Murder; and (3) whether the aggravating circumstance of use of an unlicensed firearm under Republic Act No. 8294 was properly applied.
RULING
The Supreme Court affirmed the conviction for Murder but modified the penalties and damages. The Court upheld the trial court’s findings on credibility, noting the eyewitness accounts were clear, consistent, and credible. The attack was sudden and unexpected, giving the unarmed victim no opportunity to defend himself, which validly qualified the killing by treachery. However, the Court deleted the aggravating circumstance of use of an unlicensed firearm. The Information did not allege that the firearm used was unlicensed, a requisite for applying the special aggravating circumstance under R.A. No. 8294 . The prosecution also failed to prove the appellants had no license to possess the firearms. Consequently, with no other modifying circumstances, the proper penalty is reclusion perpetua. The Court awarded civil indemnity, moral damages, and actual damages as affirmed by the trial court, and additionally granted exemplary damages of ₱25,000.00 pursuant to prevailing jurisprudence.