Case Digest (G.R. No. 126253)
Facts:
People of the Philippines v. Victor M. Macoy, Jr., G.R. No. 126253, August 16, 2000, the Supreme Court En Banc, Pardo, J., writing for the Court.
The prosecution (the People of the Philippines) charged Victor M. Macoy, Jr. (accused-appellant) by two separate informations filed October 10, 1995: Criminal Case No. CBU-39639 for parricide (alleging Macoy shot and killed his son, Joglyn Macoy, on October 9, 1995) and Criminal Case No. CBU-39640 for illegal possession of firearm and ammunition (a snubnose .38 caliber revolver and live rounds allegedly used in the killing). The prosecutor recommended no bail. On November 8, 1995, the accused pleaded not guilty and the two cases were tried jointly before the Regional Trial Court (RTC), Branch 58, Cebu City.
At trial the prosecution presented eyewitness testimony (Marilou Macoy — the accused’s wife — Cresenciano Marikit — the victim’s uncle — and Danilo Macasero), the medico-legal report and recovered slug, police ocular inspection, positive paraffin (gunpowder residue) tests on the accused’s hands, and ballistic examination of the recovered .38 revolver retrieved from a canal. Witnesses identified the accused as the shooter; they narrated a quarrel about a muddy road, the accused’s leaving the house with a gun, his approach to a group at a nearby store, and the shooting. The medico-legal report established the cause of death (gunshot wound to the back with spinal injury) and estimated the shooting distance. The accused denied shooting his son and denied ownership of the .38 revolver, claiming instead that he owned a different unlicensed .22 revolver which he later hid; he also claimed he fired warning shots and that another person fired the fatal shot. He further alleged he was not apprised of his constitutional rights during investigation.
On August 12, 1996, the RTC (Judge Jose P. Soberano, Jr.) rendered a joint decision finding the accused guilty beyond reasonable doubt of parricide (Crim. Case No. CBU-39639) and illegal possession of firearm (Crim. Case No. CBU-39640), sentencing him to two reclusion perpetua and an indeterminate ...(Subscriber-Only)
Issues:
- Was the conviction for parricide supported by proof beyond reasonable doubt?
- Should the separate conviction for illegal possession of firearm be maintained or modified/dismissed in view of Republic Act No. 8294 amending Presidential Decree No. 1866, and may RA 8294 be given ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)