People vs. Ignas
People vs. Ignas
IGNAS
G.R. 140514-15
SEPTEMBER 20, 2003
(Mitigating & Aggravating Circumstance)
of
her
friend
Wilma,
and
informed
Appellant
about
the
ISSUES:
1. Whether or not the Trial Court committed reversible error when it
appreciated the alleged use of an unlicensed .38 calibre firearm as an
aggravating circumstance in the commission of the crime of murder
without any factual and legal basis.
2. Whether or not the Trial Court committed reversible error when it did not
appreciate
in
favour
of
the
Accused-Appellant
the
Mitigating
RULING OF SC:
1. In the first issue raised, the Supreme Court ruled that:
We find merit in the appellants contentions. It is not enough that the
special aggravating circumstance of use of unlicensed firearm be
alleged in the information, the matter must be proven with the same
quantum of proof as the killing itself... The records do not show that
the prosecution presented any evidence to prove that appellant is not
a duly licensed holder of a calibre .38 firearm Absent the proper
evidentiary proof, this Court cannot validly declare that the special
aggravating
circumstance
of
use
of
unlicensed
firearm
was
has
not
actually
been
arrested;
(2)
the
offender