GR L 20908; (January, 1969) (Digest)
G.R. No. L-20908 January 31, 1969
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. UNUH BAKANG and INDANAN TARANG, defendants-appellants.
FACTS
Late in the evening of June 10, 1959, nine Muslim bandits armed with bladed weapons and firearms met at a house in Candiis, Lamitan, Basilan City. After supper, they proceeded by vinta to Pe-ek. At about 10:00 PM, they entered the house of Paleng Toto unannounced, fired shots into the air to wake the inmates, lit a lamp, hogtied the victims, ransacked their pockets for valuables, and hacked them on vital parts of their bodies. As a result, Paleng Toto and Mahajaril Toto died from their wounds. Three other victims—Kapek, Sabu Paleng, and Enjeng—survived their grave wounds after receiving hospital care. The identified bandits included Baeng Tungol, Unuh Bakang, Malonzo, Indanan Tarang, Awaron Nalun, Elias Taupan, Endo Sahim, and Abirin, with one unidentified as John Doe. Only defendants Indanan Tarang and Unuh Bakang stood full trial for “double murder, with multiple frustrated murder” after being acquitted of robbery in band in a separate case. The trial court found them guilty as principals due to conspiracy and sentenced them to reclusion perpetua.
ISSUE
Whether the trial court correctly convicted the defendants of the complex crime of “double murder, with multiple frustrated murder.”
RULING
No. The Supreme Court modified the judgment. It held that the crimes were not complex under Article 48 of the Revised Penal Code because there were different acts of hacking performed by different bandits. Thus, there were two distinct murders and three distinct frustrated murders. The defendants were criminally liable for each crime. The Court affirmed the presence of conspiracy and treachery (as the victims were hogtied and defenseless) and that the aggravating circumstance of by a band was offset by the mitigating circumstance of the defendants being illiterate non-Christians. The civil indemnity for each murder was increased from P6,000 to P12,000. The appellants were sentenced separately for each crime: to reclusion perpetua for each murder and to indeterminate penalties for each frustrated murder, to be served successively.