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Manuel F.

Alameda Jr
Article 48
People vs Jugueta
GR No. 202124
Apr 05, 2016

Appellant Ireneo Jugueta was charged with Double Murder, defined and penalized under Article 248 of the Revised Penal Code, allegedly
committed attack, assault and shoot with firearm Mary Grace Divina, 13 years old and Claudine, 3 years of age That the crime committed in
the dwelling of the offended party who had not given provocation for the attack and the accused took advantage of nighttime to facilitate the
commission of the offense. The second criminal case, appellant, together with Gilbert and Roger, were charged with multiple murder, conspiring
and confederating together, with short firearms, allegedly attack, assault and shoot the house occupied by the family of Norberto Divina,
thereby commencing the commission of the crime of Murder, directly by overt acts, but did not perform all the acts of execution which would
have produced it by reason of some cause or accident other than the spontaneous desistance of the accused, that is, the occupants Norberto
Divina, his wife Maricel Divina and children Elizabeth Divina and Judy Ann Divina, both elementary pupils and who are minors, were not hit.

Issue:

Did Ireneo and his cohorts commit complex crime?

Held:

No. In a complex crime, two or more crimes are actually committed, however, in the eyes of the law and in the conscience of the offender they
constitute only one crime, thus, only one penalty is imposed. Here, the facts surrounding the shooting incident clearly show that appellant and
the two others, in firing successive and indiscriminate shots at the family of Norberto from their respective firearms, intended to kill not only
Norberto, but his entire family. When several gunmen, as in this case, indiscriminately fire a series of shots at a group of people, it shows their
intention to kill several individuals. Hence, they are committing not only one crime. What appellant and his cohorts committed cannot be
classified as a complex crime because as held in People v. Nelmida, each act by each gunman pulling the trigger of their respective firearms,
aiming each particular moment at different persons constitute distinct and individual acts which cannot give rise to a complex crime.
[G.R. No. 192789, March 23: 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. NGANO SUGAN, NGA BEN LATAM, FRANCING, GAGA LATAM,
SALIGO KUYAN AND KAMISON AKOY, ACCUSED, GAGA LATAM, SALIGO KUYAN AND KAMISON AKOY, APPELLANTS.

Facts:

On February 8, 1998, Gaga Saligo,Ngano Sugan,Nga Ben Latam and one alias Francing, all armed with guns, entered Fortunato De Los Reyes
residence in purok Roxas 1, Lamsugoid, Suraqllah, South cotabato, and declared a hold up. Kamison and Cosme Latam stayed outside and acted
as lookouts. The following facts are established and undisputed: the armed men entered Fortunato's house and ordered its occupants to drop to
the ground; they asked for the location of the money and other valuables; they took cash amounting to P10,000.00, personal belongings worth
P5,000.00, and an air gun valued at P2,800.00. The armed men inquired from them where the money and other valuables were hidden;
thereafter, they took cash amounting to P10,000.00, personal belongings worth P5,000.00, and an air gun valued at P2,800.00. Ngano then
brought Nestor outside the house, and shot him. The prosecution charged the appellants and their companions with the special complex crime
of robbery with homicide before the RTC. Gaga, Saligo and Kamison all pleaded not guilty to the charge upon arraignment. Ngano, Nga Ben and
alias Francing remain at large. Cosme died on July 23, 2000 while under detention.