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32) PP Vs Costales
32) PP Vs Costales
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4) WON the illegal possession of firearm was properly charge from the accused separate from
the frustrated murder and attempted murder
HELD
1) No. The supreme court had been denied the mitigating circumstance of his voluntary
surrender. As found by the trial court, his alleged surrender was made too late, and in a place
too distant from the crime site as well as his place of residence.
2) No. The trial court viewed the alibi of the defense with askance and assigned full credit to
the declarations of the prosecution witnesses.
In disbelieving the veracity of the "attendance notebook," the court have been more
impressive had it borne the confirming signatures or thumbmarks of the "Baro a Cristiano"
faithful, including their leader Fernando Costales, or had been corroborated on the witness
stand by a less interested member, or had the church secretary who allegedly kept record of
attendance been some member other that Mrs. Costales or the nearest of kin.
Accused-appellant cannot insist on his alibi, especially so since he and his co-accused were
positively identified by the prosecution witnesses. More so when it is undisputed that the
proximity of their place to the scene of the crimes did not preclude the possibility that they
were in fact present at the time of their commission.
3) No. Award of damages is dictated, not by the agreement of the parties; worse, "in a
manner that suits them best, but by the mandate of law and jurisprudence. Accordingly in
conformity with established law and jurisprudence, the award of P50,000.00 as civil
indmenity and another P50,000.00 as moral damages should be awarded to the heirs of the
victim.
4) Yes.The prosecution duly established that the crime of illegal possession of firearm under
PD 1866 was committed, RA 8294, which took effect 7 July 1997, amended the decree and
now considers the use of unlicensed firearm as a special aggravating circumstance in murder
and homicide, and not as a separate offense.
WHEREFORE, the assailed Decision finding accused-appellant Fernando "Ando" Costales
guilty of murder and attempted murder is AFFIRMED with the following MODIFICATION: In
Crim. Case No. T-2057, the crime of murder not being considered to have been attended by
any generic mitigating or aggravating circumstances, accused-appellant Fernando "Ando"
Costales is sentenced to suffer only the penalty of reclusion perpetua. In Crim. Case No. T-
2056, the crime of attempted murder not likewise considered to have been attended by any
generic mitigating or aggravating circumstances, accused-appellant Fernando "Ando"
Costales is accordingly sentenced in addition to his penalty imposed in Crim. Case No. T-
2057 herein before mentioned, to suffer an indeterminate prison term of two (2) years and
four (4) months of prision correccional medium as minimum, to eight (8) years and six (6)
months of prision mayor minimum as maximum;
Accused-appellant Fernando "Ando" Costales is further ordered to pay the heirs of the victim
Miguel Marcelo P50,000.00 as death indemnity and another P50,000.00 as moral damages.
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