Criminal Law II – CRIMES

People v. Quijada AGAINST PUBLIC ORDER

43 G.R. No. 259 SCRA July 24, 1996 Hermosisma, JR Marnz S.
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Petitioner/s: Respondent/s:
THE PEOPLE OF THE PHILIPPINES DANIEL QUIJADA Y CIRCULADO
Doctrine:

The use of an unlicensed firearm commits two separate offenses of (1) either homicide or murder
under the Revised Penal Code, and (2) aggravated illegal possession of firearm under the second
paragraph of Section 1 of P.D. No. 1866, the appellant id guilty of two separate offenses of murder and
aggravated illegal possession of firearm.
Facts

On December 30, 1992 in Bohol, Quijada, armed with an unlicensed .38 caliber revolver ,attacked
unarmed Diosdado Iroy, resulting in the latter’s death. Accordingly, Quijada and Iroy had a fist fight on
December 25, a week before the murder because the former kept on pestering the latter’s sister during
a benefit dance. Another benefit dance was held on the night of December 30 and outside the
basketball court where the dance benefit was held, Quijado saw an opportunity to shoot Iroy in the
back portion of his head. Rosita Iroy positively identified Quijada as the killer. Quijada immediately
escaped from the crime scene and the authorities were unable to locate him but later on he
surrendered to the police station a day after. The trial court gave full faith and credit to the version of
the prosecution and found the appellant guilty beyond reasonable doubt of the crimes with treachery as
a qualifying circumstance.

Issue/s Ruling
1. W/N Quijado should be prosecuted and punished for the two separate offenses 1. Yes
of illegal possession of firearm and murder
Rationale

This case paved the way for the court to examine the existing conflicting doctrines applicable to
prosecutions for murder or homicide and for aggravated illegal possession of firearm in instances
where an unlicensed firearm is used in the killing of a person. The Court concluded that rule laid down
in Tac-an, reiterated in Tiozon, Caling, Jumamoy, Deunida, Tiongco, Fernandez, and Somooc is the
better rule, for it applies the laws concerned according to their letter and spirit. Murder and homicide
are defined and penalized by the Revised Penal Code as crimes against persons while illegal
possession of firearm is defined and punished by a special penal law, P.D. No. 1866.

The Court stressed that the use of the unlicensed firearm cannot serve to increase the penalty for
homicide or murder; however, the killing of a person with the use of an unlicensed firearm, by express
provision of Presidential Decree no. 1866, shall increase the penalty for illegal possession of firearm.
Disposition
The instant appeal is DISMISSED, and the challenged decision of 30 September 1993 of Branch 1 of
the Regional Trial Court of Bohol finding accused-appellant DANIEL QUIJADA y CIRCULADO guilty
beyond reasonable doubt of the crime of murder in Criminal Case No. 8178 and of illegal possession of
firearm in its aggravated form in Criminal Case No. 8179 is AFFIRMED.