PEOPLE VS. JUGUETA


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.

X X X

Comments