You are on page 1of 1

G.R. NO.

168050
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. 
BERNARDINO GAFFUD, JR., Accused-Appellant.
September 19, 2008

PUNO, C.J.

FACTS:
Accused-appellant Bernardino Gaffud, Jr. was found guilty of two (2) counts of murder for
killing Manuel Salvador and Analyn Salvador by means of fire. Evidence for the prosecution
presented the following:
1) That on the night of May 10, 1994, Orly Salvador, while on his way to the house of his uncle
Manuel Salvador, heard two gunshots and thereafter saw the house of his uncle burning. He saw
three persons within the vicinity of the burning house, one of whom he identified as appellant
Gaffud, Jr.
2) That Dan Dangpal, neighbor of the deceased, at about 8:00 PM that evening, heard successive
gunshots and saw the deceased’s house burning.
3) That prior the incident, Barangay Captain Potado Ballang saw the appellant a few meters
away from the house of the deceased.
4) That earlier that day, Dominga Salvador, common-law wife of Manuel Salvador and mother
of Analyn Salvador, went to the house of the appellant to inquire about her husband’s share in
the construction of the barangay hall. Dominga also related that had earlier filed a complaint
against the appellant and his brother for slaughtering her pig.
In his appeal, the appellant argued that the court failed to rule and resolve whether or not
conspiracy existed, despite the fact that there was no proof as to what overt acts he committed
which would constitute the crime of murder.

ISSUE:
Whether or not accused-appellant should be held liable for 2 separate counts of murder

HELD:
No. The Court ruled that in a complex crime, although two or more crimes are actually
committed, they constitute only one crime in the eyes of the law as well as in the conscience of
the offender. The burning the house of Manuel Salvador, with the main objective of killing the
latter and his daughter, resulting in their deaths resulted in the complex crime of double murder.
Hence, there is only one penalty imposed for the commission of a complex crime.

You might also like