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  • People vs. Gaborne G.R. No. 210710, 27 July 2016 Perez, J. Facts

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    The appellant was found guilty of two counts of murder and one count of frustrated murder. While two victims were drinking and singing at a videoke bar, the appellant fired four gunshots through the window, hitting and killing one victim and seriously injuring another. Witnesses identified the appellant, who was wearing black, as the shooter. The court found the appellant guilty, noting the element of treachery as the victims had no opportunity to defend themselves against the sudden attack. The use of an unlicensed firearm was also considered an aggravating circumstance.

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    Case Digest

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    [CD] People vs. Gaborne

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    The appellant was found guilty of two counts of murder and one count of frustrated murder. While two victims were drinking and singing at a videoke bar, the appellant fired four gunshots through the window, hitting and killing one victim and seriously injuring another. Witnesses identified the appellant, who was wearing black, as the shooter. The court found the appellant guilty, noting the element of treachery as the victims had no opportunity to defend themselves against the sudden attack. The use of an unlicensed firearm was also considered an aggravating circumstance.

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    © All Rights Reserved
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    181 views2 pages

    People vs. Gaborne G.R. No. 210710, 27 July 2016 Perez, J. Facts

    Uploaded by

    Raine
    The appellant was found guilty of two counts of murder and one count of frustrated murder. While two victims were drinking and singing at a videoke bar, the appellant fired four gunshots through the window, hitting and killing one victim and seriously injuring another. Witnesses identified the appellant, who was wearing black, as the shooter. The court found the appellant guilty, noting the element of treachery as the victims had no opportunity to defend themselves against the sudden attack. The use of an unlicensed firearm was also considered an aggravating circumstance.

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    © All Rights Reserved
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    Eusebio, Erlein Raine T.

    2014067352
    People vs. Gaborne
    G.R. No. 210710, 27 July 2016
    Perez, J.
    FACTS:
    While Elizan and De Luna were drinking, singing and merely having fun, four successive gunshots
    were fired through the window. Because of this, Elizan and De Luna were hit from behind. Later on,
    De Luna and Pasana saw appellant, who was then wearing a black t-shirt and a black cap, holding a
    gun aimed at their location. Pasana also saw accused-appellant and Bardelas escape after the
    incident.
    Elizan and De Luna were brought to a hospital. Unfortunately, Elizan was pronounced dead upon
    arrival. De Luna, on the other hand, survived.
    Appellant steadfastly denied the accusations. According to him, he and his companions ordered for
    bottles of beer. However, when they tried to order for more bottles, the waitress refused to give
    them their order unless they pay for their previous orders first. While Abayan was explaining to the
    father of the owner of the videoke bar, appellant and Bardelas went out to urinate, however, the
    waitress locked the front door. While standing outside, he heard the waitress utter the words, "If
    you will not pay, I will have you killed, all of you, right this moment. He also consistently contend
    that it was a man wearing black shirt and camouflage pants who fired shots to the videoke bar, not
    him.
    The RTC rendered a joint judgment finding accused-appellant guilty of the two charges of murder
    with the use of Unlicensed Firearm and Frustrated Murder. The CA then affirmed the ruling of the
    trial court.
    ISSUE:
    Whether or not the accused-appellant is guilty beyond reasonable doubt.
    HELD:
    Yes. The Court found that the circumstance of treachery should be appreciated, qualifying the crime
    to Murder. In this case, the hapless victims were merely drinking and singing in-front of the videoke
    machine when shot by the appellant. The firing was so sudden and swift that they had no
    opportunity to defend themselves or to retaliate. Furthermore, appellant's acts of using a gun and
    even going out of the videoke bar evidently show that he consciously adopted means to ensure the
    execution of the crime.
    Dr. Cordero categorically said that De Luna could have died because of the wounds if the surgery
    was not conducted timely. Hence, appellant performed all the acts of execution which could have
    produced the crime of murder as a consequence, but nevertheless, did not produce it by reason of a
    cause independent of his will, which is, in this case, the timely and able medical attendance
    rendered to De Luna.
    Under R.A. No. 1059, use of loose firearm in the commission of a crime, like murder, shall be
    considered as an aggravating circumstance. In the case at hand, since it was proven that accused-
    appellant was not a licensed firearm holder, and that he was positively identified by the witnesses
    as the one who fired shots against the victims, the use of an unlicensed firearm in the commission of
    the crimes of Murder and Frustrated Murder should be considered as an aggravating circumstance
    thereof.

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