G.R. No. 210297 - BNL Management Corp. vs. Uy

The case involves the People of the Philippines versus Julian Castillo y Lumayro.
The accused was charged in two separate Informations under Criminal Case Nos. 45708 and 45709.
Charges included:

Homicide (initially charged as Murder; later reduced to Homicide) for the killing of Rogelio Abawag.
Illegal Possession of Firearms wherein the accused was alleged to possess a homemade .38 caliber revolver without a serial number and without the required license/permit.

Date and Place: November 14, 1995, at approximately 8 a.m. on the construction site of the Gaisano Building in Lapaz, Iloilo City.
Sequence of Events:

A construction worker, Roberto Lustica, observed the incident while at the Gaisano Building.
Victim Rogelio Abawag was pursued by the accused, who was positioned as a lead man at the construction site.
During the chase, the accused pointed a .38 caliber revolver at Abawag and fired several shots.

Roberto Lustica witnessed the initial sequence of the pursuit and shooting.
Franklin Acaso, a mason on the third floor, heard multiple gunshots and saw the accused in close proximity to Abawag after he fell.
Jun Lim (alias "Akoy"), a relative of the victim and fellow construction worker, assisted the police in identifying and apprehending the accused.

The shooting incident was immediately reported to the police by the management of Gaisano.
Police Apprehension:

A .38 caliber handmade revolver was recovered from the accused.
Other evidentiary items included three empty shells and three live ammunition rounds.
Although the accused admitted he possessed the firearm, no supporting evidence proved the absence of a license at that time.

The accused raised a self-defense theory during trial; however, the court did not give it credence.
Convictions Rendered:

Convicted for Homicide (as the prosecution failed to prove the separate qualifying circumstances of evident premeditation and treachery).
Convicted for Illegal Possession of Firearms (charged as aggravated by homicide, based on the trial court’s reading of the facts).

Homicide: Indeterminate penalty ranging from Twelve (12) years prision mayor as minimum to Seventeen (17) years and Four (4) months reclusion temporal as maximum.
Illegal Possession of Firearms (aggravated by homicide): Sentenced to the death penalty.
Additional civil liabilities: Payment of P50,000.00 as indemnity and an equal amount as moral damages to the victim’s family, plus other court costs.

On automatic review, the accused exclusively challenged his conviction for illegal possession of firearm.
Republic Act No. 8294 Amendment:

Amended P.D. 1866 on June 6, 1997.
Lowered the penalty for illegal possession and reclassified the use of an unlicensed firearm during homicide or murder as a special aggravating circumstance rather than an independent offense.
Implied that when such aggravating circumstance is present, the crime should be charged and punished as a single offense of homicide with the aggravating circumstance.

The trial court erred by convicting and imposing separate penalties for both homicide and illegal possession of firearm.
The proper classification was homicide aggravated by illegal possession of firearm.

Whether the trial court erred in convicting the accused of two separate offenses—homicide and illegal possession of firearm—when the amendment in Republic Act No. 8294 mandates that the unlicensed firearm factor serves only as an aggravating circumstance for homicide.
Whether the prosecution fulfilled its burden of proving, beyond reasonable doubt, all elements of the crime of illegal possession of firearm, particularly the critical negative element that the accused lacked a license for the disputed firearm.
Whether the retroactive application of the new law, which is favorable to the accused, is proper and mandates modification of the conviction and corresponding penalty.