PEOPLE v TOLING
over to police custody.
PONENTE:
DOCTRINE:
RULING FORMAT:
FACTS:
(1) Antonio and Jose Toling, twins, both married, are illiterate farmers
tilling their own lands. They are natives of Barrio Nenita, few
kilometers away from Northern Samar. At the time of the incident,
they were 48 years old. They both look very similar; however,
Antonio has a distinguishing cut in his ear.
(2) Antonios daughter Leonora was working in Manila as a
laundrywoman; whereas Joses 3 children were also in Manila.
(3) Antonio decided to go to Manila after receiving a letter from
Leonora telling him that she would give him money. To fund his
trips expenses, he killed a pig and sold it to Joses wife. Jose also
decided to go with Antonio in order to see his children.
(4) Upon reaching Manila, Antonio was able to locate Leonora, who
gave him P50, while his grandson Sencio gave him P30. Jose, on
the other hand, was not able to locate any of his children. Later that
day, the twins were brought to the railroad station for their
homeward trip. They boarded the 6pm train home.
(5) The twins were in coach No. 9, which they shared with several
passengers. The train made a stop at Cabuyao, Laguna. Not long
after it resumed its regular speed, Antonio stood up with a pair of
scissors and stabbed the main seated in front of him. For his part,
Jose stabbed an old woman seated across with a knife. Upon seeing
what was happening, Amanda Mapa, who had a baby with her,
attempted to leave the seat. Before she could escape, Jose stabbed
her hitting her hand supporting the baby. The child was not injured.
(6) Most of passengers scurried away for safety, however, the twins
stabled everyone they encountered inside the coach.
(7) Among the passengers in the train were 2 constabularies, Rayel
and Aldea. Jose retreated to the steps near the platform upon seeing
Rayel armed with a pistol. Aldea, on the other hand, successfully
knocked Antonio down with the butt of his pistol.
(8) When the train arrived at Calamba station, the twins were turned
(9) It was found that 8 victims found in the train died from stab
wounds, while 4 were found near the railroad tracksapparently,
they jumped from the moving train to avoid being killed.
(10) The twins claimed self-defense; that a bunch of men were trying
to rob them; that they were victims of a hold-up. They claimed
they were being attacked by men who harbored evil intentions
towards them.
ISSUE: W/N the killings are regarded as constituting a complex crime.
(NO)
HELD:
The eight killings and the attempted killing should be treated as separate
crimes of murder and attempted murder qualified by treachery (alevosia)
(Art. 14[16], Revised Penal Code). The unexpected, surprise assaults
perpetrated by the twins upon their co-passengers, who did not anticipate
that the twins would act like juramentados and who were unable to defend
themselves (even if some of them might have had weapons on their persons)
was a mode of execution that insured the consummation of the twins'
diabolical objective to butcher their co-passengers. The conduct of the twins
evinced conspiracy and community of design.
The eight killings and the attempted murder were perpetrated by means of
different acts. Hence, they cannot be regarded as constituting a complex
crime under article 48 of the Revised Penal Code which refers to cases
where "a single act constitutes two or more grave felonies, or when an
offense is a necessary means for committing the other".
The twins are liable for eight (8) murders and one attempted murder (for the
physical injuries caused to Mapa.)
PS. The twins are liable for the death of the 4 victims who jumped from the
train, as they created an immediate sense of danger which caused the
victims to try to escape and in doing so, injured themselves.