CONTRIBUTOR AMBITA, Frances Rexanne U.

MODULE Complex Crime proper

TOPIC
CASE TITLE People v. Sanchez G.R. NO. G.R No. 131116
PONENTE PARDO, J: DATE: 27 August 1999
DOCTRINE Article 48. Penalty for complex crimes. - When a single act constitutes
two or more grave or less grave felonies, or when an offense is a
necessary means for committing the other, the penalty for the most
serious crime shall be imposed, the same to be applied in its maximum
period.
FACTS Antonio L. Sanchez, Luis Corcolo, Landrito Peradillas and Artemio
Averion were convicted of the complex crime double Murder. Averion
voluntarily surrendered. Peradillas, a member of PNP, was said to have
escaped while he was under the custody of his superiors. State witness
Vivencio Malabanan is a part of the security force of mayor Antonio L.
Sanchez. He overheard Peradillas informing mayor Sanchez of a birthday
party at Dr. Velecina’s house and assured that Peñalosa will be there. Dr.
Velecina was a political opponent of mayor Sanchez and Peñalosa was
one of the political leaders of Dr. Velecina. Mayor Sanchez then replied,
"Bahala na kayo mga anak. Ayusin lang ninyo ang trabaho," and left.
Peradillas, Corcolon and Averion understood this as an order to kill
Peñalosa and began their preparations. The three-accused acquired two-
way radios and a vehicle. Malabanan and the three-accused drove to a
poultry farm near Dr. Velecina’s house, Peradillas then walked to his
house (also near Dr. Velecina’s house) and checked if Peñalosa is present
at the party. Peradillas used the two-way radio to inform the others of
Peñalosa’s jeep when the latter was leaving the party. They pursued
Peñalosa’s jeep and overtook it. Corcolon and Peradillas, each armed
with an armalite (3 shots), fired at Peñalosa and his son. They went
straight to mayor Sanchez to report the death of Peñalosa. The three
defendants claimed that there are major inconsistencies between
Malabanan's testimony and the physical and scientific data, which
threaten his credibility.
ISSUE/S 1. Whether or Not the crime committed is the complex crime of
double murder.
2. Whether or Not the guilt of the accused was proven beyond
reasonable doubt.

RULING/S 1. NO, the crime committed is two counts of murder. Under Article
48 of the Revised Penal Code provides that when a single act
constitutes two or more grave or less grave felonies, or when an
offense is a necessary means of committing the other, the penalty
for the more serious crime in its maximum period shall be
imposed. Although each burst of shots was created by a single act
 of pressing the submachinegun's trigger, due to its unique
mechanism, the person shooting it simply needs to keep pressing
the submachinegun's trigger with his finger to keep it firing. As a
result, the number of rounds fired rather than the act of pushing
the trigger should be addressed when considering the various
offenses. As a result, the accused are criminally liable for as many
offenses as the armalite trigger was pressed. Treachery was
present when the attack was sudden, the victims were unarmed
and there was no opportunity to defend themselves. The presence
of treachery qualifies the crimes to murder. And the other
Aggravating circumstances is Conspiracy as Mayor Sanchez as
the mastermind, Evident premeditation, use of motor vehicle, but
not nighttime.
2. YES, Malabanan described the planning, preparation, and
shooting incident in great detail. He was able to positively
identify the three suspects. The apparent contradictions between
Malabanan's account and the autopsy and ballistic reports can be
explained as both vehicles were in motion at the time of the
ambush. As they were being shot at, it was only natural for the
victims to shift positions. As a result, even though assailants were
physically located on the victims' left side, it was not impossible
that the victims were hit from the right side of their bodies. The
three defendants fired the rifle in automatic mode, causing the
rounds to eject in different directions at the same time.