G.R. No. 143294 ; July 17, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. CIRILO MAGALONA y ONOON alias “WILLIAM”, appellant.

FACTS

In the early morning of May 25, 1994, appellant Cirilo Magalona threw a hand grenade under the bamboo hut where the Arimbuyutan family was sleeping in Zaragoza, Nueva Ecija. The explosion caused the instantaneous death of Resty Arimbuyutan and inflicted serious multiple blasting injuries upon Rosario, Rosalyn, Rosemarie, and Roldan Arimbuyutan. The prosecution presented eyewitness Bienvenido Sabater, a neighbor, who testified that he clearly saw appellant pass by, hide behind an acacia tree, and then flee immediately after the explosion. The victims were rushed to hospitals, where attending physicians testified that without prompt medical intervention, the injured victims would have likely died from their wounds.
The defense interposed alibi, claiming appellant was in the custody of the barangay captain for a separate rape allegation at the time of the grenade attack. The trial court found the prosecution’s evidence credible, convicting appellant of the complex crime of Murder with Multiple Frustrated Murder and Multiple Attempted Murder, and imposed the death penalty. The case was elevated to the Supreme Court for automatic review.

ISSUE

Whether the trial court correctly convicted appellant of the complex crime of Murder with Multiple Frustrated Murder and Multiple Attempted Murder and properly imposed the death penalty.

RULING

Yes, the conviction is affirmed but the penalty is modified. The Supreme Court upheld the finding of guilt beyond reasonable doubt. The positive identification by eyewitness Sabater, who had no ill motive to testify falsely, prevailed over the weak defense of alibi. The court found the qualifying circumstance of treachery was present, as the attack with a grenade at 3:30 a.m. against sleeping victims ensured the execution of the crime without risk to the appellant. However, the Supreme Court ruled that the trial court erred in convicting appellant of a single complex crime. The throwing of a single grenade constituted one criminal act, but it produced multiple consequences against different victims. Therefore, appellant committed one count of murder for the death of Resty and four separate counts of frustrated murder for the injuries to Rosario, Rosalyn, Rosemarie, and Roldan. The penalty for murder is reclusion perpetua, not death, as the killing did not qualify under the circumstances enumerated in Republic Act No. 7659 for the imposition of the capital punishment. The awards for damages were also modified in accordance with prevailing jurisprudence.