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.