People vs Ramil Mores (G.R. No.

189846 ) June 26, 2013

Facts

1. He threw a grenade in the gymnasium

2. One got killed, other victims were injured
3. He was charged for the complex crime of murder with multiple attempted murder
4. He contends that there was no treachery since he threw the grenade at a short distance
which means there was danger even to himself

Issue

1. Was there treachery?

2. What was the crime committed?

Ruling

1. There was treachery

The throwing of the grenade was with treachery. It was rolled on the ground towards the
dance floor with unsuspecting people

The immediate explosion which followed left no chance for people escape the blast area nor
to find protective cover.

In throwing the grenade, he positioned himself safely from the reach of the grenade’s
destructive force, though he was only standing at a short distance

2. The crime committed is complex crime of Murder with Multiple Attempted Murder.

It is a single act of pitching or rolling the hand grenade on the floor of the gymnasium which
resulted in the death of one person and injuries to other victims

It constituted a complex crime under Article 48 of the Revised Penal Code

It is a single act constituting two or more grave or less grave felonies

The penalty for the most serious crime shall be imposed, to be applied in its maximum
period.

Here, the penalty for Murder under Article 248 of the Revised Penal Code is reclusion
perpetua to DEATH.

Thus, applying Article 48, the death penalty should be imposed.

However, pursuant to Republic Act No. 9346, the proper sentence therefore is reclusion
perpetua without eligibility for parole.