GR 91262; (January 1998) (Digest)
G.R. No. 91262 January 28, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. WILFREDO LLAGUNO, JUDY REYES @ FLORANTE REYES @ LORENZO PEDROSA and a certain “ATIS”, accused, JUDY REYES @ FLORANTE REYES @ LORENZO PEDROSA, accused-appellant.
FACTS
Accused-appellant Judy Reyes, along with Wilfredo Llaguno and a certain “Atis”, was charged with the complex crime of Kidnapping with Murder for the death of Bienvenido Mercado. The information alleged that on February 4, 1987, in Cebu City, the accused, armed with a firearm, kidnapped and detained Mercado, and while under detention, shot him with intent to kill, causing his death. The case against Llaguno was dismissed after reinvestigation. The case was provisionally dismissed against Reyes but later reinstated. After trial, the Regional Trial Court convicted Judy Reyes not of the complex crime as charged, but of Murder under Article 248 of the Revised Penal Code, sentencing him to reclusion perpetua. The trial court did not find him liable for serious illegal detention as the victim was detained for only one day. Reyes appealed the conviction.
ISSUE
The primary issue is whether the accused-appellant may be convicted of a crime different from the complex crime of Kidnapping with Murder as charged, specifically whether he can be held liable for a component or necessarily included offense based on the evidence presented.
RULING
The Supreme Court modified the decision of the trial court. It held that when an information charges a complex crime and the evidence is insufficient to support a conviction for such complex crime or for one of its component offenses, the accused may still be convicted of the other component offense which has been sufficiently proven. The Court found that the prosecution failed to prove the qualifying circumstances of treachery and evident premeditation necessary for Murder. However, the evidence sufficiently established the appellant’s guilt for the crime of Slight Illegal Detention under Article 268 of the Revised Penal Code. The elements of Slight Illegal Detention were necessarily included in the information for the complex crime of Kidnapping with Murder. The Court ruled that the appellant could be convicted of this lesser offense. Consequently, the Court set aside the murder conviction and instead found appellant Judy Reyes guilty of Slight Illegal Detention, sentencing him to an indeterminate penalty.