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PEOPLE v. VICTOR M. MACOY

This case has been cited 4 times or more.

	GR No. 138972-73 2001-09-13	PEOPLE v. EUGENIO MARQUEZ Y BRIONES PANGANIBAN, J.
Furthermore, in People v. Molina,[22] this Court has ruled that the use of an unlicensed firearm merely aggravates a killing and may no longer be the source of a separate conviction for the crime of illegal possession of a deadly weapon. This doctrine was reiterated in People v. Feloteo[23] and People v. Narvasa.[24] In People v. Macoy[25] it was held that, being favorable to the accused, the same may be invoked even if the illegal possession had been committed prior to the effectivity of RA 8294 on July 6, 1997.[26]
	GR No. 123149 2001-03-27	PEOPLE v. CORNELIO CABUG MENDOZA, J.
Since this crime was committed before the effectivity of R.A. 7659, or the Death Penalty Law, on December 31, 1993, the penalty of reclusion perpetua was properly meted by the trial court. However, the indemnity awarded by the trial court to the heirs of the victim must be reduced to P50,000.00 in line with our recent rulings.[53] On the other hand, moral damages be awarded in the amount of P50,000.00,[54] and, in addition, actual damages in the amount of P35,681.35, based on the receipts[55] presented by Luzviminda Roca, should be given to the heirs.[56]
	GR No. 116001 2001-03-14	PEOPLE v. LUISITO GO Y KO YNARES-SANTIAGO, J.
(T)he findings of fact of the trial court are generally respected by the appellate court, unless they are found to be clearly biased or arbitrary. We do not find any in these cases.[30] The crime of illegal possession of firearm, committed in 1992, regardless of whether the firearm is low powered or high powered, was punished with the penalty of reclusion perpetua to death, as provided in P.D. 1866. However, under R.A. No. 8294, which took effect on July 6, 1997,[31] the penalty was lowered to prision correcional in its maximum period and a fine of P30,000.00, if the firearm[32] is classified as low powered. In this case, the unlicensed firearm found in appellant's possession was a 9mm Walther pistol, which under the amendatory law, is considered as low powered. Inasmuch as the new law imposes a reduced penalty and is, thus, more favorable to accused-appellant, the same may be given retroactive effect.[33] Therefore, accused-appellant is sentenced to an indeterminate penalty of two (2) years, four (4) months and one (1) day of prision correccional, as minimum, to four (4) years, two (2) months and one (1) day of prision correccional, as maximum, and a fine of P30,000.00.
	GR Nos. 131022 2000-12-14	PEOPLE v. ROGER ANIVADO MENDOZA, J.
On the basis of the foregoing ruling, which was reiterated in People v. Macoy, Jr.,[43] we hold that illegal possession of firearm, even if duly proved, cannot be appreciated as an aggravating circumstance against accused-appellants.