This case has been cited 1 times or more.
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2003-02-12 |
CORONA, J. |
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| However, this Court disagrees with the trial court that the crimes committed were further aggravated by the use of an unlicensed firearm. While it is true that under the express provisions of RA 8294 (which amended PD 1866), the use of an unlicensed firearm aggravates the crimes of homicide or murder, RA 8294 cannot apply to the case at bar because the crime was committed prior to its effectivity. It must be noted that RA 8294 took effect on July 6, 1997.[37] The crime was, however, committed on November 22, 1996. Although the provisions of RA 8294 may be applied retroactively if beneficial to the appellant (i.e., to prevent conviction of the separate crime of illegal possession of firearm) it cannot, however, be applied retroactively if disadvantageous to him (as in this case, where it will aggravate his offense).[38] In People vs. Valdez,[39] this Court stated:"However, the use of an unlicensed firearm in the case at bar cannot be considered as a special aggravating circumstance in Criminal Case No. U-8747 (for Complex Crime of Multiple Murder), also under review herein, because it will unduly raise the penalty for the four counts of murder from four reclusion perpetua to that of four-fold death. Insofar as this particular provision of RA 8294 is not beneficial to accused-appellant because it unduly aggravates the crime, this new law will not be given retroactive application, lest it might acquire the character of an ex-post facto law."[40] Thus, it was error for the trial court to appreciate the use of an unlicensed firearm as an aggravating circumstance and raise the penalty for Gelvero's murder to death. | |||||