396 Phil. 366
QUISUMBING, J.:
"On September 1, 1992, at around 11:30 in the evening Amado Guina,[2] Joe Mari Tamargo and Peter Castro were on board a public utility jeepney along Taft Avenue (pp. 19-20, TSN, January 12, 1993) coming from Buendia bound for Manila. They had just come from their work in a marble works company at Megamall in EDSA (pp. 3-5, TSN, January 12, 1993). The jeepney was fully loaded with passengers (p. 8, ibid). Amado was seated on one side at the rear portion of the jeepney directly facing Joe Mari and Peter who were seated at the other side of the jeepney (p. 8, ibid). When the jeep was cruising near the San Isidro Church in Pasay City (p. 6, TSN, January 12, 1993), appellant, who was seated immediately next to the right of Amado, suddenly, announced a hold-up (p. 8, TSN, January 12, 1993) whispering `do not move, this is a hold up' (p. 15, ibid). Appellant was holding a gun (p. 15, ibid) a caliber .38 revolver p. 13, ibid). Amado moved both of his hands as he wanted to resist (p. 15, ibid) and appellant, upon seeing this, immediately fired the gun at Amado (p. 10, ibid). A commotion ensued inside the jeepney during which time appellant and his companion, Jaime Tolibas, fled from the scene (p. 10, ibid).For the defense, appellant and accused presented the following version of the story:[3]
Joe Mari and Peter brought the wounded Amado to the Philippine General Hospital using the same public utility jeepney they were riding on (p. 11, ibid). Amado, however, died along the way (p. 11, ibid); and was declared dead on arrival (DOA) at the said hospital (p. 10, TSN, February 17, 1993).
Meanwhile, Police Officer 1 Fernando Dominguez, a member of the Philippine National Police Special Action Force assigned at Fort Bonifacio, was on his way to his house on Villaroel St. in Pasay City after coming from the said camp (pp. 5-6, TSN, February 10, 1993). When he reached Sandejas St. corner Taft Avenue, he heard three consecutive gun shots (p. 6, ibid). Shortly thereafter he saw two men running towards him (pp. 6-7, ibid). He stopped the two, introduced himself as a police officer, ordered them to lie down and frisked both of them while in that prone position (p. 7, ibid). He was able to confiscate a gun from appellant which he found tucked at the back of appellant's pants (p. 7, ibid). He was also able to confiscate from appellant and Tolibas several identification cards (Exhibits `I', `I-1', `I-2') some of which were fake (pp. 7-8, ibid).
While he was deciding on whether to bring the appellant and Tolibas to Fort Bonifacio or Pasay City Police Station, he was told by some bystanders that there were police officers nearby so he decided to turn over appellant and Tolibas to the police officers (p. 9, ibid). He asked appellant and Tolibas to walk toward the direction of the police officers, taking the precaution to walk behind the two for he might not be recognized as a police officer, unnecessarily placing himself at risk (pp. 9-10, ibid).
Police Officer 3 Edgardo Cordova and Police Officer 3 Ernie Cabrega were along Lakas ng Bayan St. near the corner of Sandejas St. and Taft Avenue in Pasay City patrolling the area (p. 3, TSN, April 13, 1993). They saw Police Officer 1 Dominguez walking toward them pointing a gun at appellant and Tolibas in front of him. Aside from the gun pointed at appellant and Tolibas, Police Officer 1 Dominguez was also holding another gun in his left hand, its muzzle pointed downward (pp. 3-4, ibid). Upon reaching hearing distance, they were informed by Police Officer 1 Dominguez that he had arrested the two, the gun in his left hand being the gun he had confiscated and that the gun in his right hand was his own (p. 4, ibid). Police Officer 3 Cordova and Cabrega took the guns from Police Officer 1 Dominguez and asked the three to come with them to their headquarters (p. 4, ibid). At the headquarters, Police Officer Dominguez was able to produce documents supporting the legality of his possession of the gun while appellant and Tolibas were not, and on the basis of this fact, the two were turned over to the Investigation Division for the filing of the necessary charges (p. 5, ibid). The gun was turned over to the Investigating Officer, Senior Police Officer Elmer Pueda (p. 5, ibid). With the confirmation of the arrest, Police Officer 1 Dominguez was requested to execute an affidavit of arrest (Exhibit `J') in connection with the incident (p. 11, TSN, February 10, 1993).
On September 2, 1992, the body of Amado was autopsied by the Medico-Legal Officer of the Western Police District, Dr. Manuel A. Lagonera. In his Post Mortem Findings (Exhibit `L') he identified the cause of death as the gunshot wound at the right upper chest anterolateral, to wit:On September 3, 1992, Joe Mari learned from a newspaper that appellant and Tolibas were arrested near the scene of the shooting of his friend on the very same night the shooting happened (p. 12, TSN, January 12, 1993). Together with Peter, he went to the Pasay City Jail to see appellant and Tolibas, and there he was able to confirm that the persons arrested by Police Officer Dominguez were the ones who shot Amado (p. 12., TSN, January 12, 1993). He then executed a sworn statement (Exhibit `H') on September 5, 1992 with SPO1 Pineda identifying appellant as the person who shot Amado, and Tolibas as appellant's companion during the attempted holdup (pp. 12-13, ibid)."`POST MORTEM FINDINGS
EXTERNAL FINDING:INTERNAL FINDINGS:
- Gunshot wound, with the point of entry at the right upper anterolateral thorax, 49 inches from heel, 13.5 cms. from anterior midline, measuring 0.5x0.4 cms. and contusion collar measures 1x0.7 cms.
Trajectory-obliquely upwards, backwards crossing midline lacerating the upper lobe of the right lung (thru and thru), right sub-clavian artery, trachea and grazing the anterior portion of the body of 5th cervical vertebra. A copper coated slug was extracted at the basal portion in the left lateral side of the neck.CAUSE OF DEATH:
- Lacerations of organs and tissues as mentioned in the trajectory of the bullet with massive hemorrhage in the right thoracic cavity.
- The rest of the internal organs were markedly pale.
- Recovered from the stomach about 1/2 glassful of partially digested rice meal with meaty materials and without alcoholic odor.
Shock sec. to a Gunshot Wound, Right Antero-Lateral Thorax.'
"On September 1, 1992, on or about 11:30 o'clock in the evening, herein accused-appellant, together with his co-accused, Jaime Tolibas, boarded a Monumento bound jeepney along Libertad Street, Pasay City, Metro Manila. The two (2) accused just came from accused Jaime Toliba's (sic) cousin, who was then residing somewhere in that vicinity. The passenger jeepney they were riding at the time, upon reaching the vicinity of Vito Cruz and Taft Avenue, Streets, a commotion broke out and the passengers riding the same all ran away from the jeep. The commotion was the result of a gun shot that was fired inside the passenger jeepney. A male person who is claimed to be a hold-upper fired at one of the passengers and the fatality was one Amador Guina. Both accused were among the passengers who ran away from the passenger jeepney upon hearing the gun shots. Running through an alley in the vicinity of Vito Cruz Street, both accused were stopped by a passing police officer, PNP Special Action Force, PO1 Fernando Dominguez detailed at Fort Bonifacio. A gun was alleged to have been confiscated from accused-appellant Raul Taguba. The two (2) accused including the gun alleged to have been confiscated were turned over by police officer Dominguez to a patrolling team of Pasay policemen named PO3's Cordora and Cabrega. Both accused were brought to the Pasay Police Station for investigation and SPO1 Elmer Pueda of the said police station conducted the investigation including the alleged gun confiscated. Preliminarily, both accused are being charged only of usurpation of authority by police investigation (sic) SPO1 Elmer Pueda because of the false ID's confiscated from them. They were then detained at the Pasay Police Station for two (2) days and no complainant appeared for that period of time. Accused Jaime Tolibas was inquested and charged with usurpation of authority while accused-appellant Raul Taguba and Jaime Tolibas were charged with illegal possession of firearm.On September 4, 1992, appellant was charged with the crime of Illegal Possession of Firearms in Criminal Case No. 93-1382, which was raffled to the RTC-Pasay City, Branch 117. Said Information reads:[4]
On September 5, 1992, an alleged eye witness, Joe Mari Tamargo Y Jumuad appeared before the office of investigator SPO1 Elmer Pueda of the Criminal Investigation Branch, Pasay Police Station, to give his statement of a hold-up incident which happened on September 1, 1992. Based on his statement, which is prosecution exhibit `H' and `H-1', he chanced upon and was able to read a news item in the Sept. 3, 1992 issue of People's Tonight. On page 5 to 8 thereof, he allegedly recognized a male person on a news caption `Policemen Arrest Policemen' and pointed to a male suspect then seated in front of him and the investigator, as the alleged gunman who killed his friend, Amador Guina, in a hold-up incident which happened on September 1, 1992.
Based on the late testimony of Joe Mari Tamargo, another case and information for `Homicide With The Use of An Unlicensed Firearm' was filed against the two (2) accused."
"The undersigned Assistant City Prosecutor accuses RAUL TAGUBA Y REYNOSO of VIOLATION OF PRESIDENTIAL DECREE NO. 1866, committed as follows:On September 7, 1992, after prosecution witness Tamargo surfaced, appellant and accused were additionally charged in Criminal Case No. 92-1384 with violation of Section 1, Paragraph 2 of Presidential Decree No. 1866 (Homicide with the Use of an Unlicensed Firearm), which was raffled to the RTC-Pasay, Branch 110. The Information states:[5]
That on or about the 1st day of September, 1992, in Pasay, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, Raul Taguba y Reynoso, with intent to use, did then and there wilfully, unlawfully and feloniously have in his possession, custody and control one (1) Caliber .38 with three (3) live ammunition, without the necessary permit to possess the same.
Contrary to law.
Pasay, Metro Manila, September 3, 1992.(SGD.) CONSTANTINO O. ORAA
Asst. City Prosecutor"
"The undersigned Assistant City Prosecutor accuses RAUL TAGUBA Y REYNOSA AND JAIME TOLIBAS Y CAMPOSANO, of the crime of HOMICIDE WITH THE USE OF UNLICENSED FIREARM (SECTION 1, PARAGRAPH 2, OF PD. 1866), committed as follows:Upon arraignment, appellant entered a plea of not guilty in the Illegal Possession case.[6] Appellant and accused likewise entered their respective pleas of not guilty to the charge of Homicide with the Use of an Unlicensed Firearm.[7] Upon discovery of the two pending cases in the different branches of the trial court, the defense moved for the consolidation of the two cases.[8]
That on or about the 1st day of September, 1992, in Pasay, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and mutually helping one another, without justifiable cause but with deliberate intent to kill, did then and there wilfully, unlawfully and feloniously attack, assault, and shot one AMADOR GUINA with the use of an unlicensed firearm (caliber 38 revolver Smith and Wesson (Paltik) without Serial Number) on the vital part of his body, thereby inflicting upon the latter mortal wound which cause his death.
Contrary to law.
Pasay, Metro Manila.
07 September 1992.(sgd.)
MERCEDES POSADA-LACAP
Asst. City Prosecutor"
"WHEREFORE, in view of the foregoing, the Court finds the accused Raul Taguba y Reynoso GUILTY beyond reasonable doubt in Criminal case no. 92-1382, for violation of R.A. 1866, and sentences him to an indeterminate penalty of TEN (10) YEARS and ONE (1) DAY of prision mayor as minimum to FOURTEEN (14) YEARS, EIGHT (8) MONTHS and ONE (1) DAY of reclusion temporal as maximum, and to pay the costs. It is also ordered that the firearm, subject matter of the offense, be turned over to the Firearms and Explosives Unit of the Philippine National Police for proper disposition.Only appellant interposed an appeal. He contends that the trial court erred in:[12]
Likewise, the Court in Criminal case no. 92-1384, the Court (sic) finds the accused Raul Taguba y Reynoso and Jaime Tolibas y Camposano GUILTY beyond reasonable doubt of homicide with the use of an unlicensed firearm defined and penalized under Section 1, paragraph 2, of P.D. 1866, and sentences them to reclusion perpetua; to indemnify the heirs of the deceased Amado Guina, jointly and severally the amount of P50,000.00 without subsidiary imprisonment in case of insolvency, and to pay the costs. Both accused shall be credited in the service of their sentence with the full time during which they have undergone preventive imprisonment in accordance with Article 29 of the Revised Penal Code.
SO ORDERED."[11]
In his brief, appellant assails the credibility of eyewitness Joe Mari Tamargo considering that it took him four (4) days after the incident to surface. Further, appellant bewails the fact that they were not in a police lineup when Tamargo identified them as the assailants. Appellant further assails the testimony of PO1 Dominguez considering that he executed his statement on September 1, 1992, but only signed it on September 3, 1992. Lastly, appellant claims that his conviction cannot stand since the firearm allegedly confiscated from him was never presented during trial.
- ... NOT FINDING THAT THE PROSECUTION FAILED TO PROVE THE GUILT OF THE ACCUSED-APPELLANT RAUL TAGUBA BEYOND REASONABLE IN THE TWO CASES.
- ... CONVICTING ACCUSED-APPELLANT RAUL TAGUBA FOR THE TWO CRIMES OF HOMICIDE WITH THE USE OF AN UNLICENSED FIREARM AND FOR VIOLATION OF PRESIDENTIAL DECREE NO. 1866 AND SENTENCING HIM THE PENALTY OF RECLUSION PERPETUA AND AN INDETERMINATE PENALTY OF TEN YEARS AND ONE DAY OF PRISION MAYOR AS MINIMUM TO FOURTEEN YEARS, EIGHT MONTHS AND ONE DAY OF RECLUSION TEMPORAL AS MAXIMUM.