GR L 539; (January, 1948) (Digest)
G.R. No. L-539; January 27, 1948
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MELITON BUYCO, defendant-appellant.
FACTS
Meliton Buyco, a first-class private of the Military Police, was charged with murder for killing three individuals—Ireneo Gellangala, Apolonio Ikoy, and Napoleon Zambales—during a dance in Oton, Iloilo, on February 22, 1946. The prosecution evidence established that after intervening in a fistfight, Buyco fired his Thompson submachine gun, killing Ikoy and Gellangala almost instantly and mortally wounding Zambales, who died days later. The defense claimed Buyco fired only once at Ikoy in defense of a comrade whose rifle was being wrestled away, but the trial court found this version not credible.
ISSUE
Whether the trial court correctly convicted appellant of the crimes charged.
RULING
Yes, with modification. The Supreme Court affirmed the conviction but modified the penalties. For the deaths of Ikoy and Gellangala, the Court found appellant guilty of murder complexed with homicide under Article 48 of the Revised Penal Code. The majority initially deemed the death penalty applicable, but due to lack of unanimity, it was reduced to reclusion perpetua. For the death of Zambales, a separate act, appellant was convicted of homicide without aggravating or mitigating circumstances and sentenced to an indeterminate penalty of 6 years and 1 day of prision mayor to 14 years, 8 months, and 1 day of reclusion temporal. The judgment was affirmed in all other respects.
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