Republic of the Philippines



Branch 133, Makati City


Criminal Case No. CC-2007-1640
-versus- For: MURDER


At bar are the above captioned case charging Luisito C. Gaborne
(Gaborne) with the crime of Murder with the use of Unlicensed Firearm, as
defined in Article 248 of the Revised Penal Code (RPC) as amended by
Sec. 6 of Republic Act (R.A.) No. 7659.

The Factual Antecedents

On 2 February 2007 at around 10:30 in the evening, Rey Perfecto De
Luna (De Luna) and Sixto Elizan (Elizan) entered a videoke bar at
Barangay Poblacion, Makati City. Noli Abayan (Abayan), appellant and
Joselito Bardelas (Bardelas) followed five minutes thereafter.

While Elizan and De Luna were drinking, singing and merely having
fun, four successive gunshots were fired through the window. Because of
this, Elizan wes hit from behind. Later on, De Luna and Marialinisa Pasana
(Pasana) saw accused, who was then wearing a black t-shirt and a black
cap, holding a gun aimed at their location. Pasana also saw accused and
Bardelas escape after the incident.

Philippines. and within the jurisdiction of this Honorable Court. However. Unfortunately. While standing outside. The Information filed on 3 February 2007 against the accused Luisito C. did there. CC-2007-1640 and considering the presence of one (1) aggravating circumstance without any mitigating circumstance to offset it. The following day. accused and Bardelas were arrested and underwent paraffin test. when they tried to order for more bottles. which qualify the offense into murder. the Court finds the co-accused LUISITO C. Elizan was pronounced dead upon arrival. Makati City. at about 11:00 o'clock in the evening more or less. however.]45 pistol. According to him. "If you will not pay. and feloniously. which accused have provided themselves for the purpose. the waitress locked the front door. he heard the waitress utter the words. Acused steadfastly denied the accusations. with the use of an unlicensed firearm a caliber [. 248 of the Revised Penal Code in Criminal Case No. the above-named accused with deliberate intent to kill. shot (sic) Sixto Elizan. accused and Bardelas went out to urinate. Gaborne reads: “That on or about the 2nd day of February 2007. willfully. a special aggravating circumstance pursuant to RA 8294. and with treachery and evident premeditation. I [will] have you killed. GABORNE GUILTY BEYOND REASONABLE DOUBT as principal in the crimes Murder with the Use of an Unlicensed Firearm under Art. he and his companions ordered for bottles of beer. CONTRARY TO LAW. While Abayan was explaining to the father of the owner of the videoke bar. the waitress refused to give them their order unless they pay for their previous orders first. all of you. hereby sentences him to suffer . at Brgy. Poblacion. which gun shot wounds caused his instantaneous death. Elizan was brought to Santiago Hospital. thereby hitting and inflicting upon the said Sixto Elizan fatal gun shot wounds on the different parts of his body.” <RULING pa> WHEREFORE. not him. unlawfully. premises considered. He also consistently contend that it was a man wearing black shirt and camouflage pants who fired shots to the videoke bar. right this moment.

000.00 as civil indemnity for his death. Costs against the accused. to pay the Heirs of Sixto Elisan Php75.000. Makati City.00 in moral damages and Php25. 2007 shall be credited with the full time during which he was deprived of his liberty if he agreed voluntarily and in writing to abide by the same disciplinary rules imposed upon convicted prisoners otherwise he will be entitled to only four-fifths (4/5) thereof. 12 March 2010. DEL MUNDO Presiding Judge . The accused who underwent preventive imprisonment since February 3.00 in exemplary damages and to pay the costs of this suit. Philippines HONORARIO E.000. SO ORDERED. Php50.imprisonment of RECLUSION PERPETUA.