G.R. No. 182061 March 15, 2010
PEOPLE OF THE PHILIPPINES, Appellee, vs. FERDINAND T. BALUNTONG, Appellant.

FACTS

Appellant Ferdinand T. Baluntong was charged with Double Murder with Frustrated Murder for setting on fire the house of Celerina Solangon on July 31, 1998, resulting in the deaths of Celerina Solangon and Alvin Savarez and serious physical injuries to Joshua Savarez. The prosecution presented witnesses Jovelyn Santos and Felicitas Sarzona. Jovelyn, who was sleeping inside the house, was awakened by heat, went outside, and saw appellant putting dry hay around the house near the terrace where the fire started; appellant ran upon seeing her. Felicitas also saw appellant near the burning house before he fled. Celerina died from third-degree burns after re-entering the burning house to rescue her grandsons Alvin and Joshua; Alvin also died from burns, while Joshua survived with injuries. Appellant denied the charge and invoked alibi, claiming he was in Caloocan City from July 15, 1998, to February 1999, a claim corroborated by his mother. The Regional Trial Court convicted appellant of the complex crime of Double Murder with Frustrated Murder and imposed the death penalty. The Court of Appeals affirmed the conviction but modified the penalty to reclusion perpetua due to Republic Act No. 9346, and awarded exemplary damages to the heirs of the victims and temperate damages to Joshua.

ISSUE

Whether the Court of Appeals erred in affirming appellant’s conviction for Double Murder with Frustrated Murder.

RULING

The Supreme Court reversed the Court of Appeals’ decision. It found that the prosecution failed to prove that appellant’s main objective was to kill the occupants of the house. Applying the doctrine in People v. Malngan, the Court held that when the main objective is the burning of the building and death results, the crime is arson, and the resulting homicide is absorbed. Since the evidence did not establish an intent to kill, appellant could not be convicted of murder. However, under the variance doctrine, appellant could be convicted of the lesser offense of Arson under Section 3(2) of Presidential Decree No. 1613, which is included in the offense charged. The Court modified the conviction to Simple Arson, sentencing appellant to reclusion perpetua without eligibility for parole. The awards of damages were also modified: civil indemnity of ₱50,000 each to the heirs of Celerina Solangon and Alvin Savarez; actual damages of ₱16,500 to Alvin’s heirs for burial expenses; temperate damages of ₱8,500 to Alvin’s heirs for hospitalization; temperate damages of ₱25,000 to the heirs of Celerina; and temperate damages of ₱25,000 to Joshua Savarez. The awards for compensatory, moral, and exemplary damages were deleted for lack of basis.