People v Gaffud, Jr
566 SCRA 76 (2008)
Topic: Pro Reo
Facts:
Gaffud Jr., along with two John Does, was charged with the crime
of Double Murder for killing Manuel and Analyn Salvador (father
and daughter).
Orly Salvador (nephew) was on his way to Manuel’s house when
he heard two gunshots. Afterwards, he saw his uncle’s house
burning. Due to the glow of the fire, he saw three people within
the vicinity of the burning house and they were hurriedly leaving
the place towards Cagayan River. One of the three was holding a
flashlight and was then identified to be Gaffud, Jr.
Orly, and Brgy. Cpt. Ballang found the charred remains of Manuel
and Analyn inside the house.
Dominga, Manuel’s common law wife, had filed an earlier
complaint in the barangay against Gaffud, Jr. for slaughtering her
pig. She also stated that she went to Gaffud’s house regarding
Manuel’s share in the construction of the barangay hall.
Prior to the incident, it was stated that Brgy. Cpt. Ballang saw
Gaffud, Jr. a few meters away from the house of Manuel. When
asked, Gaffud, Jr. said that he was looking for his boat even
though Brgy. Cpt. Ballang knew he did not own a boat.
Issue:
WON Gaffud, Jr is liable for the complex crime of double murder
or for two separate counts of murder
Held:
Art. 48 of the RPC states:
When a single act constitutes two or more grave or less
grave felonies, or when an offense is a necessary means
for committing the other, the penalty for the most serious
crime shall be imposed, the same to be applied in its
maximum period.
There are two kinds of complex crime (1) compound crime,
when a single act constitutes two or more grave or less grave
felonies, and (2) complex crime proper, when an offense is a
necessary means for committing the other.
The single act of Gaffud, Jr. burning the house of Manuel with the
main objective of killing him and his daughter, resulting in their
deaths resulted in the complex crime of double murder.
The CA has correctly imposed the penalty of death for the
complex crime of double murder instead of the two death
penalties imposed by the RTC for two counts of murder.
However, due to RA 9346 (Act Prohibiting the Imposition of
Death Penalty in the Philippines), the penalty is reduced to
reclusion perpetua with no eligibility for parole.
Notes:
(1)The underlying philosophy of complex crimes in the RPC
follows the Pro Reo principle. It is intended to favor the accused
by imposing a single penalty irrespective of the crimes
committed.
The rationale is that the accused who commits two crimes with
single criminal impulse demonstrates a lesser perversity than
when the crimes are committed by different acts and several
criminal resolutions.