PEOPLE VS. JUGUETA
2016
FACTS:
Ireneo Jugueta y Flores (appellant) was accused,
together with Gilbert Estores and Roger San Miguel, of using firearms to shoot
on the house occupied by the family of Norberto Divina. Two of the children of
Norberto, namely, Mary Grace (13 years old) and Claudine (3 1/2 years old),
died from gunshot wounds. Norberto Divina, his wife Maricel Divina and children
Elizabeth and Judy Ann Divina, both minors, were not hit.
Appellant Jugueta was charged with the Double Murder
of Mary Grace Divina and Claudine Divina, both minors. The crime was alleged to
have been committed with treachery, evident premeditation, in the dwelling of
the offended party, and the accused taking advantage of nighttime to facilitate
the commission of the offense. He was also charged, together with Gilbert
Estores and Roger San Miguel, with Multiple Attempted Murder, for the shooting
attack on the other family members of Norberto Divina, who fortunately, were
not hit.
ISSUE:
1.
Whether appellant
and other accused are co-conspirators.
2.
Whether complex
crime under Article 48 of RPC exists in this case.
3.
Whether the
aggravating circumstance of dwelling must be appreciated.
RULING:
1.
Yes. Appellant
and the two other malefactors are equally responsible for the death of
Norberto's daughters because they clearly conspired to kill Norberto's family.
Conspiracy exists when two or more persons come to an agreement regarding the
commission of a crime and decide to commit it. Proof of a prior meeting between
the perpetrators to discuss the commission of the crime is not necessary as
long as their concerted acts reveal a common design and unity of purpose. In
such case, the act of one is the act of all. Here, the three men undoubtedly acted
in concert as they went to the house of Norberto together, each with his own
firearm. It is, therefore, no longer necessary to identify and prove that it is
the bullet particularly fired from appellant's firearm that killed the
children.
2.
A different rule
governs where separate and distinct acts result in a number killed. Deeply
rooted is the doctrine that when various victims expire from separate shot,
such acts constitute separate and distinct crimes.
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.”
3.
Yes. The Court
notes that both the trial court and the CA failed to take into account dwelling
as an ordinary, aggravating circumstance, despite the fact that the
Informations contain sufficient allegations to that effect.
It has been held that dwelling is aggravating because
of the sanctity of privacy which the law accords to human abode. He who goes to
another's house to hurt him or do him wrong is more guilty than he who offends
him elsewhere." Dwelling aggravates a felony where the crime is committed
in the dwelling of the offended party provided that the latter has not given
provocation therefor. The testimony of Norberto established the fact that the
group of appellant violated the victims' home by destroying the same and
attacking his entire family therein, without provocation on the part of the
latter. Hence, the trial court should have appreciated dwelling as an ordinary
aggravating circumstance.
Art. 8. Conspiracy and proposal to commit felony –
Conspiracy
and proposal to commit felony are punishable only in the cases in which the law
specially provides a penalty therefor.
A
conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.
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