People v Sanchez

313 SCRA 254, August 27, 1999, J Pardo

Liability for multiple elements >> Complex Crimes

DOCTRINE: The act of shooting the victims using armalites in automatic firing mode does not constitute a single
act and, thus, the felonies resulting therefrom are not considered as complex crimes.

It is not the act of pressing the trigger which should be considered as producing the several felonies,
but the number of bullets which actually produced them.

PARTIES: Accused/appellants: ANTONIO L. SANCHEZ, ARTEMIO AVERION

Accused/did not appeal: LANDRITO "DING" PERADILLAS and LUIS CORCOLON
State witness: VIVENCIO MALABANAN

Victims: Nelson Penalosa and Ricky Penalosa (Son of Nelson)

FACTS: 1. On April 13, 1991, at around 10:00 in the morning, state witness Malabanan, team leader of a
group of policemen, went to the Bishop Compound in Calauan, Laguna, as part of the security
force of mayor Antonio L. Sanchez.

2. After a while, Peradillas arrived and informed Sanchez that there would be a birthday party that
night at Dr. Velecina's (political opponent of Sanchez for the mayoralty seat) and that Nelson will
be there.

3. Sanchez replied “ Bahala na kayo mga anak. Ayusin lang ninyo ang trabaho” and left the
premises.

4. Peradillas relayed the message to Corcolon and Averion. Both made arrangements to acquire 2-
way radios and vehicle for the operation. All of them understood that it was an order to kill
Nelson.

5. At around 7:00 in the evening, Malabanan and the 3 accused went to a farm near Dr. Velecina’s
house. Peradillas alighted and walked towards the house to check if Nelson was at the party.

6. Peradillas informed the other accused that Nelson was leaving the house. The group pursued
Nelson’s jeep. When they overtook Nelson’s jeep, Peradillas and Corcolon fired at Nelson’s jeep,
using M-16 and baby armalite rifles, in automatic firing mode. There were 3 bursts of gunfire.

7. Rickson, son of Nelson, fell from the jeep. The jeep continued running in zigzag until it
overturned.

8. After the operation, accused reported back to Sanchez informing the latter that Nelson was
already dead.

9. Police officers saw the body of Nelson slumped at the driver seat of the owner-type jeep. They
recovered the body of Rickson slumped on a grassy place not far from where they found Nelson.

10. Based on the autopsy, Nelson and Rickson both died from gunshot wounds.

11. As expected, the accused interposed the defense of alibi and denial. However, Court did not give
credence to their alibis. (not relevant to topic)
 (As to criminal liability of Sanchez, although he did not participate in the shooting, he was still
held criminally liable because he masterminded the killing of Nelson.)

12. The trial court considered the crime as a complex crime of double murder punishable under
Article 48 of the Revised Penal Code.

ISSUE: WON the RTC erred in considering the crime committed as a single complex crime of double murder.
YES

HELD:  In People v. Vargas, Jr., Court ruled that "several shots from a Thompson sub-machine, in view of
its special mechanism causing several deaths, although caused by a single act of pressing the
trigger, are considered several acts. Although each burst of shots was caused by one single act of
pressing the trigger of the sub-machinegun, in view of its special mechanism the person firing it
has only to keep pressing the trigger of the sub-machinegun, with his finger and it would fire
continually. Hence, it is not the act of pressing the trigger which should be considered as
producing the several felonies, but the number of bullets which actually produced them.”

 In the instant case, Malabanan testified that he heard three bursts of gunfire from the two
armalites used by accused Corcolon and Peradillas. Thus, the accused are criminally liable for as
many offenses resulting from pressing the trigger of the armalites. Therefore, accused are liable
for two counts of murder committed against the victims, Nelson and Rickson Peñalosa, instead of
the complex crime of double murder.

DISPOSITIVE: WHEREFORE, the Court MODIFIES the decision of the RTC, and finds accused-appellants Antonio L.
Sanchez and Artemio Averion guilty beyond reasonable doubt of two (2) counts of murder

NOTES: 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.

Prepared by: C. Cupay