G.R. No. 235016, September 08, 2020
People of the Philippines, Plaintiff-Appellee, versus Nestor Bendecio y Viejo alias “Tan”, Accused-Appellant.

FACTS

Accused-appellant Nestor Bendecio was charged with the complex crime of attempted murder with murder. The prosecution alleged that on December 24, 2011, in Muntinlupa City, Bendecio, armed with a gun and with intent to kill, fired at Gerry Marasigan. The shot missed Gerry but instead hit and killed Gerry’s seven-year-old daughter, Jonabelle Marasigan, and also injured Gerry’s sister, Princess. Gerry testified that he had a brief, non-confrontational exchange with Bendecio, a neighbor, earlier that night. Later, while closing his front door, he saw Bendecio outside who then immediately drew a gun and fired at him. Princess corroborated this, testifying she saw Bendecio fire the gun.
The defense presented an alibi, with Bendecio claiming he was in Samar on the date of the incident and denying any motive for Gerry to implicate him. The Regional Trial Court convicted Bendecio of the complex crime of attempted murder with homicide, a ruling affirmed by the Court of Appeals. Bendecio appealed, challenging the credibility of the prosecution witnesses, arguing Gerry was intoxicated and Princess was a relative.

ISSUE

Whether the Court of Appeals erred in affirming Bendecio’s conviction for the complex crime of attempted murder with homicide.

RULING

The Supreme Court affirmed the conviction but modified the crime and penalty. The Court upheld the factual findings and credibility assessments of the lower courts. Gerry’s admission of prior drinking did not automatically impair his identification, as he clearly recounted the events and recognized Bendecio, a known neighbor. Princess’s relationship to the victim does not discredit her testimony, which was clear and consistent.
However, the Court corrected the legal characterization. The information alleged a single act of firing with the intent to kill Gerry. The killing of Jonabelle was a consequence different from that intended, governed by Article 4(1) of the Revised Penal Code. This constitutes a special complex crime under Article 48, not a complex crime proper, as there was only one act but it resulted in two felonies: attempted murder (against Gerry) and homicide (against Jonabelle). Treachery qualified the attempt against Gerry but could not be transferred to the unintended victim. The penalty for the more serious crime (homicide) was imposed in its maximum period. The Court sentenced Bendecio to an indeterminate penalty of eight years and one day of prision mayor as minimum to fourteen years, eight months, and one day of reclusion temporal as maximum, and awarded damages to Jonabelle’s heirs.