PEOPLE V.

FELOTEO
SEPTEMBER 17, 1998
Appeal from a decision of the RTC of Puerto Princesa City, Br. 47
FACTS:
5  May 6, 1993, the victim, Sonny Sotto and his friends, Arnel Abelada and
Johnny Abrea were walking along the highway on their way home after having had
a few drinks earlier that day. The group was in a playful mood as Abelada was
playing “habulan” with Sotto.
 The accused, Wilfredo Feloteo then appeared at the opposite side of the
10 road and walked past the two companions of Sotto. The accused was armed with
an armalite
rifle. The two companions recognized the accused but did not pay much
attention to him as they were playing “habulan”. Without uttering a word,
Feloteo aimed the armalite at Sotto and fired, killing Sotto.
15  The firearm used in the incident belonged to SPO2 Roman Adion. On May 6,
1993,
Adion went to the house of Teofisto Alaquin bringing with him his service
firearm, an M-16 armalite rifle. He spent the night in Alaquin’s house but
was awoken by his host, informing him that his gun had been stolen. The two
20 men immediately looked for the thief. Shortly after, the two men heard a
gunshot coming from a distance of about 400m and the two men rushed towards
the origin of the gunshot. They saw Sotto lying on the road with a gunshot
wound to the chest.
 SPO2 Adion suspected that his armalite was used in the shooting and
25 continued his search for the accused. AT 5:00 a.m. the next day, he nabbed the
accused and
thereafter, the accused surrendered the armalite to him.
 SPO4 Jose Ansay, Chief of the Firearm and Explosive Unit of the PNP of the
province
30 of Palawan affirmed that the accused, Feloteo was not duly licensed to carry
firearms
 The accused Feloteo gave a different account of the incident claiming that
he denied having stolen the armalite of SPO2 Adion and further alleged that
the shooting of Sotto was an accident. He averred that on May 6, 1993, he was
35 at his sister’s house when SPO2 Adion invited him over to the place of
Teofisto Alaquin. When they arrived at Alaquin’s house, Frank Adion dropped
by the house and borrowed SPO2 Adion’s tricycle. Frank Adion returned later
on foot and told SPO2 Adion that his tricycle’s engine broke down. SPO2 Adion
then left to check on his tricycle leaving the armalite and telling Feloteo to
40 wait for him there. Shortly after that, Feloteo decided to follow SPO2 Adion,
taking with him the armalite. Walking along the road he saw Sonny Sotto and
his group and in jest he pointed the gun at Sotto and shouted “Boots, Don’t
get near me, I’ll shoot you.” And pulled the trigger. The accused claimed
that he was unaware that the gun was loaded and when Sotto was shot he fled
45 but was caught the following day after which, he told SPO2 Adion that he
accidentally hit Sotto.
 The trial court found Feloteo guilty and convicted of the crimes of Murder
and Illegal Possession of Firearm
ISSUE:
50  The Trial Court erred in convicting the crime of Illegal Possession of
Firearm as a separate criminal offense
 HELD:
 Yes, the Trial Court erred in convicting the accused of two separate crimes
Murder and Illegal Possession of Firearm when he should only be convicted for
5 Murder with the aggravating circumstance of use of an unlicensed firearm
RATIO:
 Appellant Sotto was convicted of Murder under Art. 248 of the Revised Penal
Code
(RPC) and for Illegal Possession of Firearm under Section 1 of P.D. 1866
10
 Section 1 par. 2 of PD 1866 provides
“If homicide or murder is committed with the use of an unlicensed firearm,
the
penalty of death shall be imposed
15 
Republic Act no. 8294 amended the PD reducing the penalties for simple and
aggravated forms of illegal possession of firearms
 RA 8294 provides the following
 Sec. 1 par. 3
20 “If homicide or murder is committed with the use of unlicensed firearm, such
use of unlicensed firearm shall be considered as an aggravating circumstance”
 Sec. 5
Coverage of the Term Unlicensed Firearm – the term unlicensed firearm shall
include:
25  Firearms with expired licenses or,
 Unauthorized use of licensed firearm in the commission of a crime
 Clearly the provision states that when an unlicensed firearm is used in
consonance with the crime of murder or homicide, such use of the unlicensed
firearm shall merely be used as an aggravating circumstance
30  The enactment of RA 8294 may be given retroactive effect as it favors the
appellant
 The appellant Sotto is therefore only liable for murder under the Revised
Penal Code and in view of the amendments introduced y RA 8294, the use of the
unlicensed firearm in killing the victim, Sonny Sotto is no longer considered
35 as a separate offense, instead it is considered as an aggravating circumstance
only