Case Digest (G.R. No. 84623)
Facts:
People of the Philippines filed an Amended Information on September 6, 1993 charging PO2 Albert Abriol, Macario Astellero, and Januario Dosdos with murder and illegal possession of firearms for events that occurred on June 5, 1993 in Cebu City. The complaint alleged that at about 11:50 P.M. the victim, Alejandro Flores alias Alex, was shot by assailants who alighted from a red “Jiffy” near the ABS-CBN compound; the victim later died of multiple gunshot wounds. Eyewitness Romeo Sta. Cruz, Jr. described the gunman as a tall, thin man; police pursuit of the fleeing red “Jiffy” ended near the Bagong Buhay Rehabilitation Center (BBRC) where police arrested three occupants, frisked Abriol and recovered a .38 caliber revolver from his person and two .45 caliber pistols beneath the front seat. Ballistics testing by the PNP Crime Laboratory matched the fired cartridge cases and bullets recovered at the scene and from the corpse to the seized firearms, and paraffin tests on the defendants...Case Digest (G.R. No. 84623)
Facts:
In Criminal Cases Nos. CBU-30350 and CBU-33664, the People of the Philippines prosecuted PO2 Albert Abriol, Macario Astellero, and Januario Dosdos for the June 5, 1993 killing of Alejandro Flores and for illegal possession of firearms under P.D. No. 1866; the Regional Trial Court of Cebu City, Branch 10, convicted them of murder and illegal possession and imposed reclusion perpetua and an indeterminate term for the firearms offense, together with civil indemnities and damages. The police recovered a .38 revolver from Abriol and two .45 pistols from the vehicle, ballistics matched the recovered slugs, paraffin tests were positive, and the prosecution relied on circumstantial evidence and witness accounts; the defendants appealed.Issues:
- Did the prosecution prove beyond reasonable doubt that the accused committed murder?
- Were the warrantless seizure of the firearms lawful and was there proof of illegal possession under P.D. No. 1866?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)