PEOPLE OF THE PHILIPPINES, plaintiff-appellee

VS.

FAUSTA GONZALES, AUGUSTO GONZALES, CUSTODIO GONZALES, SR., CUSTODIO GONZALES, JR., NERIO
GONZALES and ROGELIO LANIDA, accused, CUSTODIO GONZALES, SR., accused-appellant

G.R. NO. 80762 MARCH 19, 1990

FACTS:

The Regional Trial Court of Iloilo found all the accused, except Rogelio Lanida who eluded arrest
and up to now has remain at large and not yet arraigned, guilty beyond reasonable doubt of the crime of
murder. The antecedent facts are as follows:

a) Augusto informed the barangay captain that his wife Fausta has just killed their
landlord, Lloyd Peñacerrada, and thus would like to surrender to the authorities.
b) The autopsy report showed that Dr. Rojas found sixteen (16) wounds, five (5) of which
are fatal because they penetrated the internal organs, heart, lungs and intestines of the
deceased.
c) Jose Huntoria, a witness to the killing of Lloyd Peñacerrada, presented himself to Nanie
Peñacerrada, the victim’s widow and volunteered to testify for the prosecution. A
reinvestigation of the case was therefore conducted naming Custodio Gonzales, Sr. (the
appellant), Custodio Gonzales, Jr., Nerio Gonzales and Rogelio Lanida as additional
accused.
d) Fausta admitted killing Lloyd Peñacerrada as he was trying to rape her.
e) The RTC disregarded the version of defense of the accused and sentenced the accused-
appellant to 12 years and 1 day to 17 years and 4 months of reclusion temporal, to
indemnify the heirs of the deceased in the amount of P 40,000.00, plus moral damages
of P 14,000.00 and to pay the costs.
f) Custudio Gonzales, Sr. filed an appeal from the RTC’s decision to the Court of Appeals
that the trial court did not appreciate his defense of alibi.
g) The Court of Appeals rejected the defense of alibi of the appellant and modified the
decision increasing the sentence to reclusion perpetua and to indemnify the heirs of the
deceased in the amount of P 30,000.00.

Issue:

Whether or not the appellant has committed felony of murder?

Held:

No. The appellant has not committed felony of murder.

Based on Article 4 of the Revised Penal Code, criminal liability shall be incurred:
 1. By any person committing a felony(delito) although the wrongful act done be different
from that which he intended.
2. By any person performing an act which would be an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or on account
of the employment of inadequate or ineffectual means.

Thus, one of the means by which criminal liability is incurred is through the commission of a
felony.