RUJJERIC Z. PALAGANAS,1 petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent G.R. No.

165483 September 12, 2006

FACT: On January 16, 1998, around 8:00 in the evening, brothers Servillano, Melton, and Michael Ferrer were having their drinking spree at their house but later decided to proceed to Tidbits Videoke Bar to continue their drinking spree and to sing. Thereafter, Jaime Palaganas arrived together with Ferdinand Palaganas (nephew) and Virgilio Bautista. Later, when Jaime was singing, Melton Ferrer sang along with him as he was familiar with the song My Way. Jaime got irritated and insulted. He felt he was being mocked by Melton Ferrer that caused him to go to Ferrers table and utter statements which began the fight. With this, Ferdinand, Jaimes nephew, sought help to his brother, Rujjeric Palaganas, who was now the petitioner in this case. They went to the bar and upon seeing the Ferrers outside, Ferdinand, pointing at the Ferrers, instructed Rujjeric to shoot them. Rujjeric Palaganas shot Servillano, Melton, and Michael with the use of unlicensed firearm. As a result, Melton was killed, Servillano was fatally wounded, and Michael was shot in his right shoulder. On October 28, 1998, RTC of Pangasinan decided in 3 Criminal Cases finding the petitioner guilty beyond reasonable doubt of the crime of homicide and two (2) counts of frustrated homicide of Article 249 of the Revised Penal Code. On September 30, 2004, Court of Appeals AFFIRMED the decision of the lower court with modifications considering his voluntary surrender as ordinary mitigating circumstance. However, on November 16, 2004, petitioner prayed for the reversal of the decision holding that the CA erred in affirming the judgment of conviction of RTC and in not aquiiting him on the ground of self-defense. Hence, this certiorari.

ISSUE: Whether or not the use of the unlicensed firearm is a special aggravating circumstance which should be appreciated by the court at the case at bar?

HELD: YES. An aggravating circumstance was provided for under PD No. 1866 as amended by RA 8294 which is a special law that was passed on June 6, 1997. Its pertinent provision states: If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance. This special aggravating circumstance cannot be offset by an ordinary mitigating circumstance. Voluntary surrender of petitioner in this case is merely an ordinary mitigating circumstance. Thus, it cannot offset the special aggravating circumstance of use of unlicensed firearm. In accordance with Article 64, paragraph 3 of the Revised Penal Code, the penalty imposable on petitioner should be in its maximum period. Therefore, decision was AFFIRMED by SC with certain modifications appreciating the special aggravating circumstance in the case at bar.

emmarubyaguilar