CASE DIGEST: Palaganas v. People, G.R. No. 157057

Title: Palaganas v. People, G.R. No. 157057

Subject Matter: Aggravating circumstance, Art.  14 of the Revised Penal Code

Facts:

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 and Virgilio Bautista. When Jaime Palaganas was singing, Melton Ferrer sang with him. Jaime got irritated and insulted. He felt that he was being mocked by Melton that caused him to go to the latter’s table and uttered statements which began the fight. Ferdinand sought help from Rujjeric Palaganas. They went to the bar and upon seeing 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.

Issues:

(1) Whether or not Rujjeric Palaganas was guilty of the crime of homicide and 2 counts of frustrated murder.

(2) 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:

In the first issue, Rujjeric Palaganas is guilty of homicide for the death of Melton Ferrer, frustrated homicide for fatally wounding Servillano Ferrer and attempted homicide for shooting Michael at his right shoulder.

On the second issue, yes, the unlicensed firearm is a special aggravating circumstance. An aggravating circumstance was provided for under Presidential Decree No. 1866 as amended by Republic Act 8294 which is a special law that was passed stating that: 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 cannot be offset by an ordinary mitigating circumstance. Voluntary surrender of the petitioner in this case is merely an ordinary mitigating circumstance.