GR 76338; (February, 1990) (Digest)
G.R. No. 76338 -39 February 26, 1990
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RENATO TAC-AN Y HIPOS, accused-appellant.
FACTS
Accused-appellant Renato Tac-an was charged with Qualified Illegal Possession of Firearm under P.D. No. 1866 and Murder for the fatal shooting of Francis Ernest Escano III on December 14, 1984, in Tagbilaran City. The prosecution established that Tac-an, while under the influence of drugs and without a license, possessed a .38 caliber revolver which he used to shoot the victim multiple times at a party, resulting in the victim’s death. The defense claimed self-defense, alleging the victim attacked him first with a knife. The trial court rejected this defense, convicted Tac-an on both counts, and imposed the death penalty for each crime, prompting this automatic review.
ISSUE
The primary issues were: (1) the correctness of the conviction for both Qualified Illegal Possession under P.D. No. 1866 and Murder, and (2) the propriety of imposing the death penalty.
RULING
The Supreme Court modified the trial court’s decision. It affirmed the convictions but reduced the penalties to reclusion perpetua for each crime, to be served successively. The legal logic is anchored on the principle against double jeopardy and the proper appreciation of aggravating circumstances. The Court clarified that when an illegal firearm is used to commit homicide or murder, the offender incurs liability for two separate offenses: one for violation of P.D. No. 1866 (illegal possession) and another for the homicide or murder under the Revised Penal Code. This is because the use of an unlicensed firearm is not an element of murder but a separate offense. However, the special aggravating circumstance of “use of an unlicensed firearm” cannot be applied to increase the penalty for the murder charge, as it would constitute improper double counting of the same act of possession and use for which the accused is already being separately punished under P.D. No. 1866. The Court also deleted other aggravating circumstances, such as evident premeditation and insult to a person in authority, for lack of sufficient evidence. With no generic aggravating circumstances remaining, the proper penalty for murder is reclusion perpetua, not death. The penalty for the qualified illegal possession, where the firearm was used in a killing, is also reclusion perpetua under the applicable law.