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    People of The PH Vs Comadre

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    AAMC
    Criminal Case for law students

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    People of The PH Vs Comadre

    Uploaded by

    AAMC
    11 views1 page
    Criminal Case for law students

    Original Title

    People of the PH vs Comadre

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    Criminal Case for law students

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    11 views1 page

    People of The PH Vs Comadre

    Uploaded by

    AAMC
    Criminal Case for law students

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    PEOPLE v.

    ANTONIO COMADRE,
    GR No. 153559, 2004-06-08
    Facts:
    Appellants Antonio Comadre, George Comadre and Danilo Lozano were charged with Murder with
    Multiple Frustrated Murder... at around 7:00 in the evening of August 6, 1995, Robert Agbanlog, Jimmy
    Wabe, Gerry Bullanday,... Rey Camat and Lorenzo Eugenio were having a drinking spree on the
    terrace of the house of Robert's father, Barangay Councilman
    Jaime Agbanlog, situated in Barangay San Pedro, Lupao, Nueva Ecija.
    As the drinking session went on, Robert and the others noticed appellants Antonio Comadre, George
    Comadre and Danilo Lozano walking. The three stopped in front of the house. While his companions
    looked on, Antonio suddenly lobbed an object which fell on the roof of the terrace.
    The object, which turned out to be a hand grenade, exploded ripping a hole in the roof of the house.
    Robert Agbanlog, Jimmy Wabe, Gerry Bullanday, Rey Camat and Lorenzo Eugenio were hit by
    shrapnel and slumped unconscious on the floor.
    After trial, the court a quo gave credence to the prosecution's evidence and convicted appellants of the
    complex crime of Murder with Multiple Attempted Murder
    Issues:
    Whether or not the appellants are guilty of a complex (compound) crime... when it imposed on the accused-
    appellants the supreme penalty of death despite the evident lack of the quantum of evidence to convict
    them of the crime charged beyond reasonable doubt
    Ruling:
    The single act by appellant of detonating a hand grenade may quantitatively constitute a cluster of
    several separate and distinct offenses, yet these component criminal offenses should be considered
    only as a single crime in law on which a single penalty is imposed because the... offender was
    impelled by a "single criminal impulse" which shows his lesser degree of perversity.
    Under the aforecited article, when a single act constitutes two or more grave or less grave felonies the
    penalty for the most serious crime shall be imposed, the same to be applied in its maximum period
    irrespective of the presence of modifying circumstances, including the... generic aggravating
    circumstance of treachery in this case.
    Applying the aforesaid provision of law, the maximum penalty for the most serious crime (murder) is
    death. The trial court, therefore, correctly imposed the death penalty.
    Principles:
    Art. 48. Penalty for complex crimes. When a single act constitutes two or more grave or less grave
    felonies, or when an offense is a necessary means of committing the other, the penalty for the most
    serious crime shall be imposed, the same to be applied in its... maximum period.
    WHEREFORE, in view of all the foregoing, the appealed decision of the Regional Trial Court of San Jose City,
    Branch 39 in Criminal Case No. L-16(95) is AFFIRMED insofar as appellant Antonio Comadre is convicted of the
    complex crime of Murder with Multiple Attempted Murder and sentenced to suffer the penalty of death. He is
    ordered to pay the heirs of the victim the amount of P50,000.00 as civil indemnity, P50,000.00 as moral damages
    and P18,000.00 as actual damages and likewise ordered to pay the surviving victims, Jaime Agbanlog, Jimmy
    Wabe, Rey Camat and Gerry Bullanday, P25,000.00 each as temperate damages for the injuries they sustained.
    Appellants Gregorio Comadre and Danilo Lozano are ACQUITTED for lack of evidence to establish conspiracy, and
    they are hereby ordered immediately RELEASED from confinement unless they are lawfully held in custody for
    another cause. Costs de oficio.

    In accordance with Section 25 of Republic Act 7659 amending Article 83 of the Revised Penal Code, upon finality of
    this Decision, let the records of this case be forwarded to the Office of the President for possible exercise of
    pardoning power.

    SO ORDERED.

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