Case Summary (G.R. No. 131592-93)
Criminal Charges
In Criminal Case No. 45708, Castillo was charged with murder for allegedly shooting Rogelio Abawag with a handgun, resulting in Abawag's death. In Criminal Case No. 45709, he was charged with illegal possession of a firearm for possessing a homemade .38 caliber revolver without the necessary permits.
Incident Description
On the morning of November 14, 1995, multiple witnesses observed Castillo chasing Abawag and firing shots at him. Roberto Lustica, a construction worker, and Franklin Acaso, a mason, both testified to witnessing the shooting, with Acaso noting that Abawag pleaded for mercy before being shot multiple times.
Arrest and Evidence Collection
Following the shooting, the management of the Gaisano construction site reported the incident to the police. Assisting police in locating the accused, Jun Lim, Abawag's brother-in-law, identified Castillo aboard a vessel attempting to leave for Cebu. Upon apprehension, Castillo was found in possession of the .38 caliber revolver used in the crime, along with ammunition.
Trial Court Proceedings and Verdict
During the trial, Castillo invoked a self-defense argument, which the trial court did not accept. The court ultimately found him guilty of homicide but did not recognize the qualifying circumstances of evident premeditation and treachery. He was sentenced to an indeterminate penalty for homicide and the death penalty for illegal possession of firearms, aggravated by homicide.
Appeal and Legal Issues
On appeal, Castillo focused primarily on his conviction for illegal possession of a firearm. He contended that the trial court erred in imposing separate penalties for homicide and illegal possession due to the amendment under Republic Act No. 8294, which redefined the legal handling of crimes committed with unlicensed firearms as a special aggravating circumstance.
Legal Implications of Republic Act No. 8294
The amendment to P.D. 1866 by R.A. 8294 clarified that using an unlicensed firearm in the commission of homicide or murder should not be treated as a separate offense. The court highlighted the retroactive application of this law, benefiting Castillo, as it mandated that he be convicted solely for homicide, with the illegal possession of a firearm treated as an aggravating circumstance.
Burden of Proof on the Prosecution
The court emphasized that the prosecution bore the burden to prove both the existence of the firearm and that Castillo did not have a permit to possess it. Whi
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Case Background
- The case involves Julian Castillo y Lumayro, who was charged with Murder and Illegal Possession of Firearms in separate Informations.
- The incidents occurred on November 14, 1995, at the Gaisano Building construction site in Iloilo City.
- The prosecution's case hinged on eyewitness accounts of the shooting of Rogelio Abawag by Castillo, who was a lead man on the construction site.
Charges Against the Accused
- Criminal Case No. 45708:
- Accused charged with Murder for deliberately shooting Abawag with evident premeditation and treachery, resulting in the victim's instant death.
- Criminal Case No. 45709:
- Accused charged with Illegal Possession of Firearms for having a homemade .38 caliber revolver and live ammunition without the requisite permits.
Incident Description
- Witness Roberto Lustica described seeing Castillo chase Abawag and shoot him multiple times.
- Witness Franklin Acaso heard the gunshots, initially mistaking them for construction noise, but later saw Castillo shoot Abawag while he pleaded for mercy.
- After the shooting, Castillo fled the scene but was later apprehended by police with the firearm in his possession.
Legal Proceedings and Trial Court Findings
- The trial court found Castillo guilty of Homicide and Illegal Possession of Firearm, concluding that he acted with intent and without justification.
- The court imposed a sentence of 12 years to 17 years and 4 months for Homicide and the de