Thursday, January 29, 2009

PEOPLE VS SANCHEZ 313 SCRA 254



Facts:
Appellants Antonio Sanchez, the mayor of Calauan, Laguna, Averion, Peradillas and Corcolon were found guilty of the complex crime of double murder for the killing of Nelson PeƱalosa and his son, Rickson. The aggravating circumstances of conspiracy, evident premeditation, and conspiracy were appreciated. The shooting was carried out upon the order of former Mayor Sanchez, using armalites in automatic firing mode. Witnesses say that three bursts of gunfire were heard.



Issue: Whether the court was correct in convicting the accused of the complex crime of double murder.


Held: Three bursts of gunfire were heard. Although each burst of shots was caused by one single act of pressing the trigger, in view of its special mechanism, the person firing it has only to keep pressing the trigger with his finger and it would fire continuously. 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. Thus the accused are liable for as many offenses resulting from pressing the trigger. They are liable for two counts of murder and not the complex crime of double murder.


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