basco vs. ca.pdf - 392 Phil 251 FIRST DIVISION G.R No 125290 MARIO BASCO Y SALAO PETITIONER VS COURT OF APPEALS AND THE PEOPLE OF THE PHILIPPINES

basco vs. ca.pdf - 392 Phil 251 FIRST DIVISION G.R No...

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392 Phil. 251 FIRST DIVISION [ G.R. No. 125290, August 09, 2000 ] MARIO BASCO Y SALAO, PETITIONER, VS. COURT OF APPEALS AND THE PEOPLE OF THE PHILIPPINES, RESPONDENTS. R E S O L U T I O N KAPUNAN, J.: This petition for review on certiorari before us seeks the reversal of the Court of Appeals’ Resolutions dated 29 September 1995 and 7 June 1996, which respectively denied petitioner’s petition for relief from judgment under Rule 38 of the Revised Rules of Court and the motion for reconsideration filed therein for lack of merit. The antecedents leading to the present controversy are as follows: On 24 August 1992, petitioner was charged with Qualified Illegal Possession of Firearm and Illegal Possession of Firearm before the Regional Trial Court of Manila (Branch XLI) under the following informations: INFORMATION The undersigned accuses MARIO BASCO y SALAO of the crime of Qualified Illegal Possession of Firearm, committed as follows: That on or about May 3, 1992, in the City of Manila, Philippines, the said accused, not being allowed or authorized by law to keep, possess and carry a firearm, did then and there willfully, unlawfully and knowingly have in his possession, control and custody a firearm, to wit: one (1) cal. .38 revolver, Squire Bingham bearing Serial No. 183110 loaded with one (1) live ammunition and five (5) spent shells without first obtaining the necessary license and/or permit to carry and possess the same and in connection and by reason of such possession, did then and there willfully, unlawfully and feloniously, with intent to kill, fire and shoot one Rolando Buenaventura y Manuel, thus inflicting upon the latter mortal gunshot wounds and injuries which caused the death of the latter as a consequence. Contrary to law. [1] INFORMATION The undersigned accuses MARIO BASCO y SALAO of violation of Section 261(q), B.P. 881 in relation to Section 31, RA 7166, committed as follows:
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That on or about May 3, 1992, in the City of Manila, Philippines, the said accused, did then and there willfully, unlawfully and knowingly have in his possession and under his custody and control a cal. .38 revolver "Squire Bingham" bearing Serial Number 183110 by then and there carrying the same along Cabangis Street, Tondo, this City, which is a public place on the aforesaid date which is covered by an Election period, without first securing the written authority from the COMELEC, as provided for by Section 261(q), B.P. 881 in relation to Section 31, RA 7166. Contrary to law. [2] On 9 September 1992, upon arraignment, petitioner pleaded not guilty and the trial on the merits ensued. On 15 March 1993, the trial court rendered its decision finding petitioner guilty as charged and sentenced him as follows: WHEREFORE, judgment is hereby rendered as follows: 1. In Criminal Case No. 92-109511, finding the accused MARIO BASCO y SALAO guilty beyond reasonable doubt for the crime of Illegal Possession of Firearm which he used to kill Rolando Buenaventura, Sr. alias Olay and hereby sentences him to suffer the penalty of Reclusion Perpetua. With costs against the accused.
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