GR 27680 81; (February, 1970) (Digest)
G.R. No. L-27680-81 February 27, 1970
The People of the Philippines, plaintiff-appellee, vs. Openiano Pajenado @ Peming, defendant-appellant.
FACTS
Openiano Pajenado was charged with murder and illegal possession of a firearm in the Court of First Instance of Samar. He pleaded not guilty to both charges. After a joint trial, he was convicted and sentenced to reclusion perpetua for murder and an imprisonment term for illegal possession of a firearm. The evidence established that on December 31, 1965, in barrio Dapdap, Las Navas, North Samar, appellant, with the help of his cousin Carlito Pajenado, wrestled Carlos Tapong to the ground. While Carlito held Tapong by the shoulder and appellant held his leg, appellant drew a gun and shot Tapong, causing his death. Medical examination revealed three gunshot wounds from a single .45 caliber shot fired at close range, with the cause of death being shock due to hemorrhage.
ISSUE
1. Whether appellant should be convicted of homicide instead of murder.
2. Whether appellant is guilty of illegal possession of a firearm.
RULING
1. The Supreme Court affirmed the conviction for murder, not homicide. The Court found sufficient evidence of evident premeditation, as appellant had been waiting for the victim and immediately attacked him upon his appearance. However, treachery was not proved. The aggravating circumstance of abuse of superior strength was present and considered.
2. The Supreme Court reversed the conviction for illegal possession of a firearm. The Court held that the lack of a license is an essential ingredient of the offense, and the burden of proving this negative fact lies with the prosecution. In this case, the prosecution failed to establish even a prima facie case that appellant had no license for the firearm.
The dispositive portion of the decision modified the trial court’s judgment: (1) Appellant is guilty of murder with the aggravating circumstance of abuse of superior strength, and the penalty of reclusion perpetua is affirmed, but the indemnity to the heirs is increased to P12,000.00; (2) Appellant is acquitted of the charge of illegal possession of a firearm.