People vs. Meliton Buyco G.R. No.

L-539 January 27, 1948

FACTS:

Appellant was convicted by the CFI of Iloilo in Criminal Case No. 405, wherein the information
alleged that on or about February 22, 1946, in the municipality of Oton, Province of Iloilo,
Philippines, said appellant, being a first class private of the Military Police in said province, with
deliberate intent, treachery and abuse of authority, and with a decided purpose to kill, did then
and there fire several shots with a Thompson submachine gun against Ireneo Gellangala,
Apolonio Ikoy, and Napoleon Zambales, hitting them on different parts of their bodies and as a
result Irineo Gellangala and Apolonio Ikoy died and as a result Irineo Gellangala and Apolonio
Ikoy died instantaneously and Napoleon Zambales died a few days later. The evidence
discloses, as found by the same judge, that Apolonio Ikoy and Irineo Gellangala died from
bullets discharged by the same shot which was aimed at the former. It will be remembered
that the shot was fired from a submachine gun and, as already stated, it appears that the
appellant to fixed the mechanism of his submachine gun that a single pull at the trigger would
fire several bullets automatically in succession.

ISSUE:

Whether or not the killing of the victims with an automatic Thompson SMG considered a
complex crime? YES

RULING:

The evidence discloses, as found by the same judge, that Apolonio Ikoy and Irineo Gellangala
died from bullets discharged by the same shot which was aimed at the former. It will be
remembered that the shot was fired from a submachine gun and, as already stated, it appears
that the appellant to fixed the mechanism of his submachine gun that a single pull at the trigger
would fire several bullets automatically in succession. Viada (Vol. II, 5th ed., p. 529),
commenting on article 90 of the Spanish Penal Code, corresponding to article 48 of our Revised
Penal Code, gives an example of the first case mentioned therein of a single act constituting two
or more grave or less grave felonies as follows: A person fire a gun against another with
intention to kill the latter, and not only kills him but also a third person who was beside the
victim: here, he says we have a single act, a single shot, which produces two homicides. As to
the death of Napoleon Zambales, the evidence reveals that it resulted from another and
different shot by the same defendant-appellant from the same gun. The Spanish SC in its
judgment of February 7, 1879, held that a person who, posting himself in front of four
individuals, fires four shots with a pistol saying: "toma tu toma tu," wounding two of them, is
guilty of four different crimes of discharged of firearm against a determinate person, two
complexed with that of physical injuries, since the four shots were produced by four distinct acts.

Wherefore, the judgment appealed from is hereby modified so that appellant Meliton Buyco, as
he is hereby, convicted of the crime of murder complexed with homicide for the deaths of
Apolonio Ikoy and Irineo Gellangala.
People vs. Jaime Carpo, et al. G.R. No. 132676. April 4, 2001

FACTS:

On 25 August 1996 at about 8:00 o'clock in the evening while he was watching television with
his family his dogs barked. His mother who was apprehensive that their cow might be stolen
prodded him to check the disturbance. To allay her fears he stood up, took his flashlight and
trudged the unpaved path towards his cow that was tied to a mango tree. Then the noise grew
louder thus arousing his suspicion that something was really wrong. After transferring his cow
nearer to his house, he went inside the kitchen, stood atop the concrete washbasin, hid himself
behind the bamboo slats and peeped outside to observe. A few minutes later, he saw barangay
captain Jaime Carpo together with Warlito Ibao suspiciously stooping near his barn. They were
all looking in the direction of Florentino Dulay's house which was about a meter to the south
from where he was. He also saw Oscar Ibao, another son of Warlito, striding towards Dulay's
hut. As soon as he reached the hut Oscar lifted the sawali mat near the wall and hurled
something inside. Oscar then scurried off towards the nearby creek with Roche following him.
Seconds later, a loud explosion shook the entire neighborhood and Teresita Dulay's screams
broke into the night. The explosion by means of a hand grenade on the night of 25 August 1996
resulting in the death of Florentino, Norwela and Nissan Dulay and in the wounding of Noemi
Dulay is an admitted fact.
Under the doctrine enunciated in People v. Tayo, the crime committed may otherwise be more
appropriately denominated as murder qualified by explosion rather than by treachery. However,
since it was treachery that is alleged in the Information and appreciated by the trial court, the
explosion of the grenade which resulted in the death of Florentino, Norwela and Nissan, and the
wounding of Noemi can only be multiple murder complexed with attempted murder. The crime
committed against Noemi Dulay was correctly denominated by the trial court as attempted
murder considering that none of her injuries was fatal.

ISSUE:

Whether or not throwing a grenade and killing multiple persons is a complex crime? YES

RULING:

Since the 3 murders and attempted murder were produced by a single act, namely, the
explosion caused by the hurling of a grenade into the bedroom of the Dulays, the case comes
under Art. 48 of The Revised Penal Code on complex crimes. As is in the case of People vs.
Guilen, where the throwing of a highly explosive hand grenade at President Roxas, the accused
committed two grave felonies, namely: (1) murder, of which Simeon Varela was the victim; and
(2) multiple attempted murder, of which President Roxas, Alfredo Eva, Jose Fabio, Pedro
Carrillo and Emilio Maglalang were the injured parties.

WHEREFORE, the assailed Decision of the trial court finding accused-appellants JAIME
CARPO, OSCAR IBAO, WARLITO IBAO and ROCHE IBAO GUILTY of the complex crime
of multiple murder with attempted murder and sentencing them to the supreme penalty of
death is AFFIRMED with the MODIFICATION that they are ordered to pay the heirs of the
deceased Florentino, Norwela and Nissan, all surnamed Dulay, P50K as death indemnity and
P50K as moral damages for each death or an aggregate amount of P300K In addition, accused-
appellants are ordered to pay Noemi Dulay P30K as indemnity for her attempted murder. Costs
against accused- appellants.
People vs. Mario Tabaco G.R. Nos. 100382-100385. March 19, 1997

FACTS:

In the evening of March 22, 1987, the 117th PC stationed at Aparri, Cagayan, under then Lt.
James Andres Melad, sponsored a cock derby, under the name of Jose Ting, at the Octagon
Cockpit Arena located at Aparri, Cagayan. Accused Mario Tabaco who was in civilian clothes
claims to have been also assigned by his Commanding Officer of 117th PC, to verify the
presence of NPAs and assist in the protection of VIPs in the cockpit arena, bringing with him his
M-14 issued firearm. The group of the late Mayor Jorge Arreola of Buguey, Cagayan, arrived at
the cockpit arena while the accused Mario Tabaco was seated on the arm of the bench situated
at the lower portion of the arena about more than three (3) meters away, from the place where
the late Mayor and his group were seated when he suddenly without warning or provocation,
shot the late mayor Jorge Arreola, with his M-14 rifle, followed by several successive burst of
gunfire, resulting in the shooting to death of Mayor Arreola, Capt. Oscar Tabulog, Felicito
Rigunan and Pat. Romeo Regunton. Regunton was later found dead inside the canteen of Mrs.
Amparo Go inside the Octagon cockpit arena. There were other persons injured that evening
namely: (1) Antonio Chan — injured on his right foot; (2) Salvador Berbano — injured on his
right forearm and on his right abdomen and (3) Rosario Peneyra on his Face and right shoulder.
But, the three, did not file their complaints.

ISSUE:

Whether or not the killings of Oscar Tabulog, Jorge Arreola, Felicito Rigunan and Romeo
Regunton, respectively, should have been prosecuted under only one Information? NO

RULING:

The SC ruled that In People vs. Pardo, Where the death of two persons does not result from
a single act but from two different shots, two separate murders, and not a complex crime,
are committed. In Peoplve vs. Desierto, although the burst of shots was caused by one single
act of pressing the trigger of the Thompson sub-machine gun, in view of its special mechanism,
the person firing it has only to keep pressing the trigger with his finger and it would fire
continually. Hence, it is not the act of pressing the trigger which should produce the
several felonies, but the number of bullets which actually produced them. Furthermore,
the trial court's reliance on the case of People vs. Lawas is misplaced. The doctrine enunciated
in said case only applies when it is impossible to ascertain the individual deaths caused by
numerous killers. In the case at bench, all of the deaths are attributed, beyond a shadow of a
doubt, to the accused-appellant.
Consequently, the four murders which resulted from a burst of gunfire cannot be considered a
complex crime. They are separate crimes. The accused-appellant must therefore be held liable
for each and every death he has caused, and sentenced accordingly to four sentences
of reclusion perpetua.

WHEREFORE, no reversible error having been committed by the trial court in finding accused-
appellant guilty of four (4) counts of Murder and one (1) count of Homicide with Frustrated
Homicide, the judgment appealed from should be, as it is, hereby AFFIRMED, with the
MODIFICATION that four sentences of reclusion perpetua be hereby imposed.