G.R. Nos. 84332-33 - THE PEOPLE OF THE PHILIPPINES, VS. REYNALDO EVANGELISTA, ACCUSED-.

Ruling

Accordingly, we hold that the trial court correctly found accused-appellant guilty of murder and sentenced him to reclusion perpetua there being neither aggravating nor mitigating circumstance present. However, the indemnity fixed by it in the amount of P30,000.00 must be increased to P50,000.00 in accordance with current rulings on this matter. III. In G.R. No. 84333, however, we hold that accused-appellant cannot be found guilty of illegal possession of firearm, much less of illegal possession of firearm in its aggravated form. The information charged accused-appellant with simple illegal possession of firearm but the trial court found him guilty of illegal possession of firearm in its aggravated form under P.D. No. 1866, §1, par. 2, after finding that accused-appellant had used an unlicensed firearm in killing Efren Arceo. This cannot be done. That an unlicensed firearm was used in the commission of murder or homicide is a qualifying circumstance. Consequently, it must be specifically alleged in the information, otherwise the accused cannot be sentenced to death for illegal possession of firearm in its aggravated form without violating his right to be informed of the nature and cause of the accusation against him. [32] The information for the violation of P.D. No. 1866 is bereft of any allegation that the unlicensed firearm mentioned in it was used to commit murder. The information simply alleges: [33] The undersigned Assistant City Fiscal accuses REYNALDO EVANGELISTA Y AGRAVANTE @ REGIE, of the crime of VIOLATION OF P.D. No. 1866 (Illegal Possession of Firearm), committed as follows: That on or about the 2nd day of JANUARY 1985, in Caloocan City, Metro Manila and within the jurisdiction of this Honorable Court, the above-named accused without being authorized by law, did then and there willfully, unlawfully and feloniously have in his possession, custody and control one (1) piece of home made paltik, pistol armalite type without ammunition and also carried outside of his residence said firearm and without the necessary permit and/or license. Neither does the information for murder allege that accused-appellant committed the murder with the use of an unlicensed firearm: [34] The undersigned Assistant City Fiscal accuses REYNALDO EVANGELISTA Y AGRAVANTE @ REGIE, of the crime of "MURDER," committed as follows: That on or about the 2nd day of JANUARY 1985, in Caloocan City, Metro Manila, and within the jurisdiction of this Honorable Court, the above-named accused, without any justifiable cause, with deliberate intent to kill and with treachery and evident premeditation, did then and there willfully, unlawfully and feloniously shoot one EFREN ARCEO Y MARCOS, thereby inflicting serious physical injuries upon the latter, which injuries caused his death upon arrival at the Martinez Memorial Hospital, this city. Indeed accused-appellant cannot be convicted even of simple illegal possession of firearm because of lack of evidence that the firearm is unl