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455 PPL V Salahuddin

1) Appellant Zaldy Salahuddin was charged with murder for fatally shooting prominent lawyer Atty. Segundo Sotto Jr. and his niece while they were driving home in Zamboanga City. 2) The trial court found Salahuddin guilty of murder, appreciating the aggravating circumstance of using a motor vehicle to commit the crime. 3) The Supreme Court upheld the conviction, ruling that use of a motor vehicle can be considered an aggravating circumstance. However, due to recent legislation abolishing the death penalty, the penalty was reduced to life imprisonment without parole.

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62 views

455 PPL V Salahuddin

1) Appellant Zaldy Salahuddin was charged with murder for fatally shooting prominent lawyer Atty. Segundo Sotto Jr. and his niece while they were driving home in Zamboanga City. 2) The trial court found Salahuddin guilty of murder, appreciating the aggravating circumstance of using a motor vehicle to commit the crime. 3) The Supreme Court upheld the conviction, ruling that use of a motor vehicle can be considered an aggravating circumstance. However, due to recent legislation abolishing the death penalty, the penalty was reduced to life imprisonment without parole.

Uploaded by

Yarah M
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© © All Rights Reserved
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455.

People vs. Salahuddin, 781 SCRA 154, G.R. No. 206291 January 18, 2016
Aggravating; motor vehicles

Facts: Appellant Zaldy Salahuddin was charged with the crime of murder. 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 the 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.

Issue: W/N the use of motor vehicle may be appreciated as aggravating circumstance.

Ruling: Yes. The trial court correctly appreciated the generic aggravating circumstance of use of motor
vehicle in the commission of the crime. Since the fatal shooting of the victim was attended by the
qualifying circumstance of treachery, the Court upholds the trial court in convicting appellant of the
crime of murder. The penalty for murder under Article 248 of the Revised Penal Code is reclusion
perpetua to death. Article 63 of the same Code provides that, in all cases in which the law prescribes a
penalty composed of two indivisible penalties, the greater penalty shall be applied when the
commission of the deed is attended by one aggravating circumstance. Although evident premeditation
was not established, the other aggravating circumstances of use of unlicensed firearm and use of motor
vehicle in the commission thereof, were alleged in the Information and proven during the trial. The
presence of such aggravating circumstances warrants the imposition of the death penalty. However, in
view of the enactment of RA No. 9346, the death penalty should be reduced to reclusion perpetua
"without eligibility for parole" pursuant to A.M. No. 15-08-02-SC.

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