Palaganas vs.

People – GR 165483, September 12, 2006

Facts:
On 21 April 1998, petitioner and his older brother were charged under four separate
Informations for two counts of Frustrated Murder, one count of Murder, and one count
for Violation of COMELEC Resolution No. 2958 relative to Article 22, Section 261, of the
Omnibus Election Code. The trial rendered a decision convicting the petitioner guilty for
the crime of HOMICIDE (Not Murder) with the use of an unlicensed firearm.
Issue: W/N the use of an unlicensed firearm in murder or homicide is a special
aggravating circumstance
Held:
Yes. The use of an unlicensed firearm in murder or homicide is now considered as a
SPECIAL aggravating circumstance and not a generic aggravating circumstance.
Special aggravating circumstance cannot be offset by an ordinary mitigating
circumstance. Voluntary surrender of petitioner in this case is merely an ordinary
mitigating circumstance. Thus, it cannot offset the special aggravating circumstance of
use of unlicensed firearm.