Case Digest : G.R. No. 165483 September 12, 2006
RUJJERIC Z. PALAGANAS, petitioner,
vs.
PEOPLE OF THE PHILIPPINES, respondent.
Fact:
Brothers Servillano, Melton and Michael Ferrer were having their drinking spree at their house but later decided to
proceed to Tidbits Videoke Bar to continue their drinking spree and to sing. Thereafter, Jaime Palaganas arrived
together with Ferdinand Palaganas and Virgilio Bautista. When Jaime Palaganas was singing, Melton Ferrer sang with
him. Jaime got irritated and insulted. He felt that he was being mocked by Melton that caused him to go to the latter’s
table and uttered statements which began the fight. Ferdinand sought help from Rujjeric Palaganas. They went to the
bar and upon seeing the Ferrers instructed Rujjeric to shoot them. Rujjeric Palaganas shot Servillano, Melton and
Michael with the use of unlicensed firearm. As a result, Melton was killed, Servillano was fatally wounded, and Michael
was shot in his right shoulder. On October 28, 1998, RTC of Pangasinan decided in 3 Criminal Cases finding the
petitioner guilty beyond reasonable doubt of the crime of homicide and two (2) counts of frustrated homicide
of Article 249 of the Revised Penal Code. On September 30, 2004, Court of Appeals AFFIRMED the decision of the
lower court with modifications considering his voluntary surrender as ordinary mitigating circumstance. However, on
November 16, 2004, petitioner prayed for the reversal of the decision holding that the CA erred in affirming the
judgment of conviction of RTC and in not acquitting him on the ground of self-defense. Hence, this certiorari.
Issues:
(1) Whether or not Rujjeric Palaganas was guilty of the crime of homicide and 2 counts of frustrated murder.
(2) Whether or not the use of the unlicensed firearm is a special aggravating circumstance which should be
appreciated by the court at the case at bar.
Held:
In the first issue, Rujjeric Palaganas is guilty of homicide for the death of Melton Ferrer, frustrated homicide for fatally
wounding Servillano Ferrer and attempted homicide for shooting Michael at his right shoulder.
On the second issue, yes, the unlicensed firearm is a special aggravating circumstance. An aggravating circumstance
was provided for under Presidential Decree No. 1866 as amended by Republic Act 8294 which is a special law that
was passed stating that: if homicide or murder is committed with the use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an aggravating circumstance cannot be offset by an ordinary mitigating
circumstance. Voluntary surrender of the petitioner in this case is merely an ordinary mitigating circumstance.