ACTIVITY #15 (LECTURE)

TITLE OF ACTIVITY: LEGAL USE OF BALLISTICS EXAMINATION & FIREARMS

EXAMINATION

SUBMITTED BY:
MARRIE ELOISA B SALZAR
BSCRIM 3

SUBMITTED TO:
DR. WARREN GALAS MOYAO

DATE OF SUBMISSION:
JULY 13,2021
CASE TITLE
G.R. No. 206291, January 18, 2016
PEOPLE OF THE PHILIPPINES, Appellee, v. ZALDY SALAHUDDIN AND THREE (3)
OTHER UNIDENTIFIED COMPANIONS, Appellants.
CASE NUMBER
This is an appeal from the Decision1 dated October 25, 2011 of the Court of Appeals in
CA-G.R. CR-HC No. 00638-MIN, which affirmed the decision2 of the Regional Trial
Court (RTC) of Zamboanga City, Branch 16, finding Zaldy Salahuddin guilty beyond
reasonable doubt of the crime of murder in Criminal Case No. 20664.
FACTS OF THE CASE
Appellant Zaldy Salahuddin was charged with the crime of murder in the Information
dated June 9, 2004, the accusatory portion of which reads:
That on or about February 10, 2004, in the City of Zamboanga, Philippines, and within
the jurisdiction of this Honorable Court, the above-named accused, being then armed
with a .45 caliber pistol and other handguns, conspiring and confederating (sic)
together, mutually aiding and assisting one another, by means of treachery, evident
premeditation and abuse of superior strength, and with intent to kill, did then and there,
wilfully, unlawfully and feloniously, assault, attack and shoot with the use of said
weapons ATTY. SEGUNDO SOTTO, JR. y GONZALO, employing means, manner and
form which tended directly and specially to insure its execution without any danger to
the persons of the herein accused, as a result of which attack, said Ally. Segundo Sotto,
Jr. y Gonzalo sustained mortal gunshot wounds on the fatal parts of his body which
directly caused his death, to the damage and prejudice of the heirs of said victim;
Upon arraignment, appellant pleaded not guilty to the murder charge. Trial ensued
afterwards.
Appellant was also charged with frustrated murder in Criminal Case No. 20665 for
having fatally wounded Liezel Mae Java, the niece of the victim, during the same
shooting incident. Since Java was alleged in the Information to be a minor, the said
case was transferred to Branch 15 of the RTC of Zamboanga City, which is the only
designated family court in the city.
As summarized by the Court of Appeals (CA), the facts established by the evidence for
the prosecution are as follows:
On February 10, 2004, at around 5:30 in the afternoon, Atty. Segundo Sotto Jr., a
prominent law practitioner in Zamboanga City, together with his niece, Liezel Mae
Java[,] left the former's law office and went home driving an owner[-]type jeep. On the
way towards their house at farmer's Drive, Sta. Maria, Zamboanga City, they passed by
Nunez Street, then turned left going to Governor Camins Street and through Barangay
Sta. Maria. When the jeep was nearing farmer's Drive, the jeep slowed down, then,
there were two gun shots. Liezel Mae, the one sitting at the right side of the jeep felt her
shoulder get numb. Thinking that they were (he ones being fired at, she bent forward
and turned left towards her uncle. While bending downwards, she heard a sound of a
motorcycle at her right side. Then, she heard another three (3) [gunshots] from the
person in the motorcycle. After that, the motorcycle left.
While Liezel's head was touching the abdomen of her uncle, she was crying and calling
out his name. A few minutes later, rescuers arrived. Liezel and Alty. Segundo, with the
use of tricycles, were brought to Western Mindanao Medical Center (WMMC).
\COURTS DECISION
WHEREFORE, the appeal is DISMISSED. The Decision dated October 25, 2011 of the
Court of Appeals in CA-G.R. CR-HC No. 00638-MIN is AFFIRMED with the following
MODIFICATIONS: (1) to qualify the penalty of reclusion perpetua to be "without
eligibility for parole"; (2) to increase the award of civil indemnity from P75,000.00 to
P100,000.00; (3) to increase the award of exemplary damages from P30,000.00 to
P100,000.00; (4) to award P1,000,000.00 as temperate damages in lieu of the award of
P4,398,000.00 as compensation for loss of earning capacity of Atty. Segundo G. Sotto
Jr.; and (5) to impose the legal interest rate of six percent (6%) per annum on all the
damages awarded from the finality of judgment until fully paid.
SO ORDERED.
QUESTION:
In what way does ballistics examination or firearms examination assisted the
investigation of a criminal case?
The prosecution witnesses positively identified appellant as one of those who were
holding a long firearm, and it was also proven that he was not a licensed firearm holder,
with the help of the Ballistic examination conducted by Police Chief Inspector Constante
Sonido on the specimen submitted of the two (2) empty .45 caliber slugs. As a result,
the trial court and the CA rightly recognized the use of an unauthorized firearm as a
unique aggravating factor. In this situation, the examination is very dependable because
they couldn't solve the case without it, and the deceased's family couldn't receive justice
for him without it.

https://www.chanrobles.com/cralaw/2016januarydecisions.php?id=25
CASE TITLE
G.R. No. 123137, October 17, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PO2 ALBERT ABRIOL,
MACARIO ASTELLERO, and JANUARIO DOSDOS, accused-appellants.
CASE NUMBER
On appeal is the decision dated May 17, 1995, of the Regional Trial Court of Cebu City,
Branch 10, in Criminal Cases Nos. CBU-30350 for murder and CBU-33664 for illegal
possession of firearms, finding appellants Albert Abriol, Macario Astellero, and Januario
Dosdos guilty beyond reasonable doubt of murder and violation of Presidential Decree
No. 1866 on Illegal Possession of Firearms.
FACTS OF THE CASE
At around 11:50 P.M., June 5, 1993, Romeo Sta. Cruz, Jr., a radio news reporter then
aboard his jeep, had just reached the ABS-CBN compound in P. del Rosario Street,
Cebu City, when he heard a couple of gunshots. He looked around and saw a man
running unsteadily towards the intersection of P. del Rosario Street and Jones Avenue
(Osmeña Boulevard). The man was shouting "Tabang, tabang!" ("Help! Help!"). Sta.
Cruz, Jr., saw a red "Jiffy" make a U-turn near the gate of the city central school that
nearly ran over the man shouting for help. The man turned back and staggered towards
the direction of Bacalso Avenue and Urgello Private Road, but after a few meters on
wobbly legs, he stopped and collapsed.

Meanwhile, the "Jiffy" followed. It stopped beside the fallen figure and a tall, thin man
alighted. The man fired several shots at the prostrate figure. He boarded the "Jiffy"
which sped away towards Leon Kilat Street. Romeo Sta. Cruz, Jr., moved his jeep and
focused its headlights on the victim.

In the meantime, PO3 Alexander Rustela was at a vulcanizing shop near the
intersection of Bacalso Avenue and Leon Kilat Street, when he heard gunshots coming
from the north. He ran towards where the gunshots came and saw people scampering.
All of a sudden, the "Jiffy" with three persons on board sped past him and made an
abrupt left turn at Leon Kilat Street. Rustela immediately radioed for assistance. Minutes
later, patrol car No. 201 with PO2 Herbert Ramos on board arrived. Rustela boarded the
car and they followed the "Jiffy," while broadcasting an alarm to police headquarters
and other mobile patrol cars.

On nearby Colon Street, SPO1 Eleazar Abrigana and PO2 Romeo Abellana were
cruising aboard patrol car No. 208, when they heard a radio message that the suspects
in the shooting incident were aboard a "Jiffy." As they turned left at Leon Kilat Street,
they saw the "Jiffy" heading towards Carbon Market. They pursued the "Jiffy" which
stopped in front of the Don Bosco Building near BBRC, when police car No. 205, with
PO Eugenio Badrinas and PO2 Gerald Cue aboard, blocked the "Jiffy's" path. Cue fired
a warning shot and three persons alighted. The driver was appellant Astellero, whom
Cue had recognized and seen before at the BBRC. Abrigana and Cue approached the
trio who stood a meter away from the "Jiffy." SPO1 Abrigana frisked Abriol and seized
from his waist a .38 caliber revolver with serial number PO8485 with six (6) empty shells
in its cylinder.11 Under Abriol's seat, the police also found a .45 caliber pistol bearing
serial number PGO 13506 with nine (9) live rounds in its magazine and another .45
caliber pistol with serial number 52469 loaded with five (5) unfired bullets.
While the patrol cars were chasing the "Jiffy," another police team proceeded to the
crime scene in response to the alarm. This team from Police Station No. 3 in San
Nicolas, Cebu City rushed the victim to the Cebu City Medical Center, where he was
pronounced dead on arrival. Meanwhile, PO3 Celso Seville, Jr., a homicide investigator
of Police Station No. 3 found four (4) .45 caliber shells some four (4) feet away from the
victim's body, and two (2) deformed slugs where the victim had lain, and submitted them
to the Region 7 PNP Crime Laboratory for ballistics testing.
COURTS DECISION
WHEREFORE, the assailed Decision of the Regional Trial Court of Cebu City, Branch
10, in Criminal Cases Nos. CBU-30350 and CBU-33664 is hereby MODIFIED.
Appellants Albert Abriol, Macario Astellero, and Januario Dosdos are hereby found
GUILTY of murder, qualified by treachery, with the special aggravating circumstance of
use of unlicensed firearms and are hereby sentenced to suffer the penalty of reclusion
perpetua with the accessory penalties provided for by law. Appellants Abriol, Astellero,
and Dosdos are also ordered to pay, jointly and severally, the heirs of Alejandro Flores
the sum of P50,000 as death indemnity, P20,000 as temperate damages, P10,000 as
exemplary damages, and P30,000 as attorney's fees, as well as the costs.
SO ORDERED.
QUESTION:
In what way does ballistics examination or firearms examination assisted the
investigation of a criminal case?
SPO4 Lemuel Caser, ballistician of the PNP Crime Laboratory, conducted a ballistics
examination and found that the fired cartridge cases have similar individual
characteristics markings as the test cartridge cases fired from cal.45 pistol, and the fired
bullet metal jacket has similar individual characteristics markings as the test bullets fired
from cal.45 pistol. They were able to reveal or identify the suspect and the type of
firearms used in the crime by using this ballistics examination.

https://lawphil.net/judjuris/juri2001/oct2001/gr_123137_2001.html
CASE TITLE
G.R. No. 170974, March 3, 2008
ROMEO I. SUERTE-FELIPE, petitioner, vs. PEOPLE OF THE PHILIPPINES,
respondent.
CASE NUMBER
This is a Petition for Review on Certiorari praying for the reversal of the Decision1 of the
Court of Appeals in CA-G.R. CR No. 26162 dated 29 December 2005 affirming with
modification the Decision2 of the Regional Trial Court of Pasay City, Branch 117, in
Criminal Case No. 00-0182, convicting petitioner Romeo I. Suerte-Felipe of the crime
of homicide for the death of one Godofredo Ariate.
FACTS OF THE CASE
The Information filed against petitioner dated 15 November 1999 charged him with
homicide:
The undersigned Asst. City Prosecutor accuses ROMEO SUERTE I. FELIPE of the
crime of HOMICIDE committed as follows:
That on or about July 11, 1999, in Pasay City, Metro Manila, Philippines, and within the
jurisdiction of this Honorable Court, the above named accused, with intent to kill, did,
then and there willfully, unlawfully and feloniously shot by means of a firearm one
GODOFREDO ARIATE, thereby, inflicting upon the latter gunshot wounds which
caused his death.3
The prosecution’s version of the 11 July 1999 incident is as follows:
Prosecution witness Rodolfo Alumbres testified that he was in Bgy. 180, Maricaban,
Pasay City at around 7:30 that night. Around four-arms length from him were petitioner
Suerte-Felipe and the deceased Godofredo Ariate, who were arguing over something.
Petitioner was accompanied by PO3 Edison Madriago and PO3 Eduardo Jimeno.4
Petitioner was armed with a .45 caliber firearm, while Madriago and Jimeno were each
armed with a 9mm firearm. All of a sudden, petitioner fired around four shots at
Godofredo. Seeing Godofredo fall down, Alumbres rushed to his aid and attempted to
bring the latter to the hospital, but petitioner shot him twice and hit him once on the right
leg. Fearing that he might be shot again, Alumbres pretended to be dead.

Godofredo’s son, William Ariate, and Barangay Chairman Pio Arce witnessed the
incident. Arce, upon arriving at the scene of the crime, attempted to appease petitioner
by shouting, "Romy, ayusin na lang natin ‘to." Petitioner did not heed Arce’s appeal and
instead fired at Arce. Arce used his .38 caliber revolver to defend himself against
petitioner who was then more than six meters from him. Arce took cover and exchanged
fire with petitioner. Petitioner’s companions, Madriago and Jimeno, also fired at Arce.

Godofredo was declared dead on arrival at the Pasay City General Hospital. Edgardo
Ariate, another son of Godofredo, identified the body and requested an autopsy
examination. Dr. Ludovino J. Lagat, Jr. conducted the autopsy, which showed that
Godofredo sustained three gunshot wounds which caused his death. The first wound
was located at the outer portion of his right arm. The second wound was at the right
flank and the third wound was at the epigastric area, both affecting the intestines and
the liver. Armando Mancera, photographer of the Medico-Legal Division of the NBI, took
pictures of the body.
COURTS DECISION
WHEREFORE, accused ROMEO I. SUERTE FELIPE is hereby found GUILTY beyond
reasonable doubt of the crime of HOMICIDE.
Accordingly, said accused is hereby sentenced to suffer an indeterminate penalty of
EIGHT (8) YEARS and ONE (1) DAY of prision mayor as minimum, to SEVENTEEN
(17) YEARS of reclusion temporal, as maximum.
Moreover, said accused is hereby ordered to pay the heirs of Godofredo Ariate the sum
of P50,000.00 as indemnity for the death of Godofredo Ariate, P21,800.00 as actual
damages, and to pay the costs.
WHEREFORE, the Petition is DENIED. The Decision of the Court of Appeals in CA-
G.R. CR. No. 26162 dated 29 December 2005 affirming with modification the Decision
of the Regional Trial Court of Pasay City, Branch 117, in Criminal Case No. 00-0182, is
AFFIRMED.
SO ORDERED.
QUESTION:
In what way does ballistics examination or firearms examination assisted the
investigation of a criminal case?
They discovered that the slug was discharged from a.45 caliber pistol after using
ballistics to examine the slug. The ballistics test of the subject slug indicated a diameter
and a set of riflings that were peculiar to a.45 caliber pistol, the Court of Appeals
reiterated the RTC's observation that the slug retrieved from the victim's body came
from petitioners .45 caliber firearm. At the time of the occurrence, petitioner was the
only person with a.45 caliber gun. This is really beneficial to the case investigation.

https://lawphil.net/judjuris/juri2008/mar2008/gr_170974_2008.html
CASE TITLE
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ESTELITO ESTRELLA Y
COLLARIN, accused-appellant.
CASE NUMBER
In two informations filed in the Regional Trial Court, Valenzuela, Metro Manila, appellant
was charged in Criminal Case No. 7581-V-86 with Qualified Theft punishable under
Article 310 of the Revised Penal Code and in Criminal Case No. 7582-V-86 with
Murder punishable under Article 248 of the Revised Penal Code.
FACTS OF THE CASE
Appellant appealed from the decision of the trial court finding him guilty beyond
reasonable doubt of Murder and sentencing him "to suffer the penalty of imprisonment
for life; to indemnify the heirs of Pat. Abelardo Tan in the sum of P30,000.00 without
subsidiary imprisonment in case of insolvency, and to pay the costs.

On September 23, 1985, Pat. Abelardo Tan and Police Cpl. Teresita De Leon of the
Investigation Division of the Valenzuela Police Station, were instructed to proceed to the
Avondale Garments in Karuhatan, Valenzuela, Metro Manila, to investigate a report of
the pilferage of T-shirts manufactured by the firm. law library : red

The security guard on duty that day was appellant, an employee of the Southern Luzon
Security Agency. Appellant had been assigned to the Avondale Garments since July 1,
1982.

Prior to September 23, 1985, that was on August 6, 1985, appellant was brought to a
police station for investigation in connection with the loss of T-shirts in the garment
factory. He was maltreated by the police investigator, one of whom was Pat. Tan. He
was released after three days. The severity of the water torture and fist blows given him
caused his ears to bleed and he had to be hospitalized.

Pat. Tan and Cpl. De Leon finished their investigation at about 12:30 pm. Prior to their
departure, Pat. Tan was waiting at the second floor to talk to Ruby Soliven, the office
secretary, when appellant left his post and stealthily went up to the second floor.
Approaching from behind, appellant shot Pat. Tan once at the back with a shotgun.

COURTS DECISION
After the trial was made, the final judgment of the court for the appeal made is
AFFIRMED with the penalty modified to" reclusion perpetua" and the civil liability
increased to P50,000.00.

QUESTION:
In what way does ballistics examination or firearms examination assisted the
investigation of a criminal case?
Regarding the investigation of the case, ballistics examination has helped with the
comparative examination of the shotgun shell and the shotgun which was found in the
crime scene where the shooting incident took place. After the ballistic examination, the
NBI ballistics expert was able to find out that the shotgun shell was shot using the
shotgun which was also found in the crime scene. And the result of the ballistic
examination prove that the shotgun sell and the shotgun which was found in the crime
scene are matched which would then be use to pinpoint the accused since the serial
number of the gun is registered in his name.

https://www.chanrobles.com/cralaw/1993aprildecisions.php?id=333
CASE TITLE
G.R. No. 76953, April 22, 1991
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PONCIANO MANDAPAT,
accused-appellant.
CASE NUMBER
Case number in this case is not mentioned or indicated.
FACTS OF THE CASE
his is an appeal from the decision* of the Regional Trial Court of Dagupan City, Branch
44, convicting accused/appellant of the crime of murder, the decretal portion of which
reads:

WHEREFORE, the Court finds the accused Ponciano Mandapat guilty beyond
reasonable doubt of the crime of murder under Article 248 of the Revised Penal Code
and in view of the presence of the aggravate circumstances of taking advantage of
superior strength and that the crime was committed in the dwelling of the victim which
are not offset by any mitigating circumstance, hereby sentence(s) said accused
Ponciano Mandapat to suffer the supreme penalty of Death and to indemnify the heirs
of the deceased Crispula Nonan in the sum of P30,000 (sic) plus costs.

Accused Ponciano Mandapat is also ordered to pay actual damages in the sum of
P2,548.00 and moral damages of P10,000.00 for the heirs of the deceased Crispula
Nonan. (Rollo, p. 41)

On March 9, 1982, an information was filed against accused/appellant charging the

latter with the crime of murder allegedly committed as follows:
That on or about October 5, 1977, in Barangay Barang, municipality of Malasiqui,
province of Pangasinan, Philippines, and within the jurisdiction of this Honorable Court,
the above-named accused, Pat. Ponciano Mandapat armed with a firearm, with
treachery and evident premeditation and with intent to kill, did then and there willfully,
unlawfully and feloniously attack, assault and shot one Crispula Carino-Nonan, thereby
inflicting upon said Crispula C. Nonan three (3) gunshot wounds which caused her
immediate death
COURTS DECISION
WHEREFORE, the decision under review is AFFIRMED with the modification that the
penalty of death imposed by the trial court is reduced to life imprisonment (Sec. 19 [1],
Art. III, Constitution) and the civil indemnity is increased from P30,000.00 to P
50,000.00. Costs against appellant.
SO ORDERED.

QUESTION:
In what way does ballistics examination or firearms examination assisted the
investigation of a criminal case?
Regarding the investigation of the case, ballistics examination has helped with the
comparative examination of the slug taken from the body of the victim to the service
firearm of the accused. And at the end of the ballistic examination, the NBI ballistics
expert was able to match the slug found inside the body of the victim and the fired bullet
coming from the .22 caliber service firearm of the accused. The serial number of the
gun is registered in the accused.

https://lawphil.net/judjuris/juri1991/apr1991/gr_76953_1991.html