G.R. No. 173612; March 26, 2008
DOMINADOR MALANA and RODEL TIAGA, Petitioners, vs. PEOPLE OF THE PHILIPPINES, Respondent.

FACTS

Petitioners Dominador Malana and Rodel Tiaga, along with acquitted co-accused Elenito Malana, were charged with murder and multiple frustrated murder before the Regional Trial Court (RTC) of Malolos, Bulacan. The charges arose from an incident on May 28, 2000, which resulted in the death of Betty Capsa-Roxas and injuries to her daughter Suzette Roxas and infant granddaughter Jenny Rose de la Cruz. The prosecution’s main witnesses were Vicente Roxas Jr. (husband/father) and Suzette Roxas (daughter). They testified that while the family was asleep in their house, Vicente was awakened by a fire at the kitchen door smelling of gasoline. He attempted to douse it and instructed his wife Betty to seek help. When Betty opened the main door, Dominador, Rodel, and a third man identified as Ronnie Malana entered. Vicente, having previously received threats from them, fled through the burning kitchen to get help. Suzette, who was in the bedroom, witnessed the third man carrying a one-gallon container with a wick. Rodel lit the wick with a match, and the third man threw the container into the bedroom. The ensuing explosion killed Betty instantly, severely injured Suzette (requiring leg amputation), and slightly injured Jenny. Vicente testified that the appellants had threatened his family, believing he practiced witchcraft causing the deaths of Rodel’s parents-in-law. The petitioners raised defenses of denial and alibi. Dominador claimed he was working in Laguna, and Rodel claimed he was recuperating in Quezon during the incident. The RTC convicted Dominador and Rodel of murder and frustrated murder, acquitting Elenito due to lack of positive identification. The Court of Appeals affirmed their guilt but modified the conviction to the complex crime of murder with frustrated murder and attempted murder, imposing the death penalty. The case was elevated to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of petitioners Dominador Malana and Rodel Tiaga for the complex crime of murder with frustrated murder and attempted murder.

RULING

The Supreme Court AFFIRMED the conviction of the petitioners but MODIFIED the penalty. The Court found no cogent reason to disturb the factual findings and credibility assessments of the lower courts. The positive identification by eyewitnesses Vicente and Suzette, who consistently and clearly identified the petitioners as two of the three perpetrators who entered their house and perpetrated the attack, prevailed over the petitioners’ defenses of denial and alibi. The Court upheld the finding of conspiracy based on the petitioners’ collective and coordinated actions in setting the fire and throwing the explosive into the house. However, the Court corrected the appellate court’s characterization of the crime. The acts constituted the special complex crime of arson with homicide under Article 320 of the Revised Penal Code, as amended by Presidential Decree No. 1613, not murder with frustrated murder. The original fire-setting at the kitchen door was integral to the attack and resulted in a single explosion that caused death and injuries. The penalty for arson with homicide is reclusion perpetua to death. Applying the Indeterminate Sentence Law and considering the absence of modifying circumstances, the Supreme Court imposed the penalty of reclusion perpetua on each petitioner, in lieu of the death penalty, pursuant to Republic Act No. 9346. The Court also affirmed the awards of civil indemnity, moral damages, and actual damages to the victims.