GR 153559; (June, 2004) (Digest)
G.R. No. 153559 ; June 8, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. ANTONIO COMADRE, GEORGE COMADRE and DANILO LOZANO, appellants.
FACTS
On the evening of August 6, 1995, Robert Agbanlog and several companions were having a drinking session on the terrace of his father’s house in Lupao, Nueva Ecija. Appellants Antonio Comadre, George Comadre, and Danilo Lozano approached, and Antonio lobbed a hand grenade onto the roof. The explosion killed Robert Agbanlog and caused shrapnel injuries to Jimmy Wabe, Gerry Bullanday, Rey Camat, Lorenzo Eugenio, Emelita Agbanlog, and Elena Agbanlog. The prosecution presented eyewitnesses who identified the appellants, and police investigators recovered MK2 hand grenade fragments from the scene.
The appellants interposed the defense of denial and alibi. Antonio and George Comadre claimed they were at home with family members, while Danilo Lozano asserted he was at home with his son. Their relatives corroborated these alibis. After trial, the Regional Trial Court convicted all three appellants of the complex crime of Murder with Multiple Attempted Murder and imposed the death penalty.
ISSUE
Whether the prosecution proved the guilt of the appellants beyond reasonable doubt for the complex crime of Murder with Multiple Attempted Murder.
RULING
Yes, the Supreme Court affirmed the conviction but modified the penalty and the designation of the crimes. The Court found the positive identification by eyewitnesses, who were familiar with the appellants, to be credible and sufficient to establish conspiracy. Their collective actions—approaching together, the grenade throw, and their simultaneous flight—demonstrated a unity of purpose to attack the group. The defense of alibi was rightly rejected as it was not physically impossible for the appellants to have been at the crime scene, and it cannot prevail over positive identification.
However, the Court corrected the trial court’s legal characterization. The killing of Robert Agbanlog constituted Murder qualified by treachery, as the grenade attack was sudden and unexpected, depriving the victims of any chance to defend themselves. The injuries to the other victims, however, constituted Multiple Frustrated Murder, not Attempted Murder, because the grenade explosion commenced all acts of execution which would have resulted in their deaths were it not for timely medical intervention. Consequently, each appellant is guilty of one count of Murder and six counts of Frustrated Murder, to be imposed separately. The death penalty was reduced to reclusion perpetua for the Murder charge, in accordance with prevailing law, with additional penalties for the Frustrated Murder counts. The awards for damages were also modified in line with jurisprudence.