Case Title People v Sanchez & Averion

Docket Number G.R. No. 131116

Date 27 August 1999
Digest by: Meg

Summary/Nature of the Case:

Facts of the Case:

1. Antonio L. Sanchez, Luis Corcolo, Landrito Peradillas and Artemio Averion were convicted of the
complex crime DOUBLE MURDER. Averion voluntarily surrendered. Peradillas, a member of PNP, was said
to have escaped while he was under the custody of his superiors.
2. State witness Vivencio Malabanan, is a part of the security force of mayor Antonio L. Sanchez. He
overheard Peradillas informing mayor Sanchez of a birthday party at Dr. Velecina’s house and assured
that Peñalosa will be there. Dr. Velecina was a political opponent of mayor Sanchez and Peñalosa was one
of the political leaders of Dr. Velecina. Mayor Sanchez then replied, "Bahala na kayo mga anak. Ayusin
lang ninyo ang trabaho," and left. Peradillas, Corcolon and Averion understood this as an order to kill
Peñalosa and began their preparations.
3. The three-accused acquired two-way radios and a vehicle. Malabanan and the three-accused drove to a
poultry farm near Dr. Velecina’s house, Peradillas then walked to his house (also near Dr. Velecina’s
house) and checked if Peñalosa is present at the party. Peradillas used the two-way radio to inform the
others of Peñalosa’s jeep when the latter was leaving the party. They pursued Peñalosa’s jeep and overtook
it. Corcolon and Peradillas, each armed with an armalite (3 shots), fired at Peñalosa and his son. They
went straight to mayor Sanchez to report the death of Peñalosa.
4. The three-accused set up the defense of alibi:
 Corcolon – spent the whole day supervising the farm of his employers. Denied being a guard of
mayor Sanchez. That he was charged because he refused to testify against mayor Sanchez despite
being tortured to do so.
 Averion – a godson of mayor Sanchez. Was at Lucena caring for his sick father.
 Sanchez – was with his family. They went to Batangas on April 12, Tagaytay on April 13 and only
went home only on April 14.
5. The three-accused contended that there are material inconsistencies between Malabanan’s testimony and
the physical and scientific evidence which affect his crdibility.

Issues at Hand:
1. WON the guilt of the accused was proven beyond reasonable doubt.
2. WON the crime committed is the complex crime of double murder.
Held:
1. YES.
 Malabanan gave a detailed account of the planning, preparation and the shooting incident. He
positively identified the three accused.
 The supposed inconsistencies between Malabanan's statement and the autopsy and ballistic
reports may be explained as follows: both vehicles were running at the time of the ambush. It was
only natural for the victims to shift positions as they were fired upon. Thus, it was not impossible
that the victims were hit from the right side of their bodies, even if assailants were physically
situated at the victims' left side. The three-accused fired the gun in automatic firing mode which
caused the bullets to burst out in different directions simultaneously.
2. NO. The crime committed is TWO COUNTS OF MURDER.

Article 48 of the Revised Penal Code provides that when a single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means of committing the other, the penalty for the more serious crime
in its maximum period shall be imposed.
 In People v. Vargas, Jr., we ruled that "several shots from a Thompson sub-machine, in view of its
special mechanism causing several deaths, although caused by a single act of pressing the trigger, are
considered several acts. Although each burst of shots was caused by one single act of pressing the
trigger of the sub-machinegun, in view of its special mechanism the person firing it has only to keep
pressing the trigger of the sub-machinegun, with his finger and it would fire continually. Hence, it is
not the act of pressing the trigger which should be considered as producing the several felonies, but
the number of bullets which actually produced them. Thus, the accused are criminally liable for as
many offenses resulting from pressing the trigger of the armalites.
 Treachery was present: The attack was sudden; the victims were unarmed and there was no
opportunity to defend themselves. The presence of treachery qualifies the crimes to murder.
 OTHER AGGRAVATING CIRCUMSTANCES: Conspiracy (mayor Sanchez is the mastermind), Evident
premeditation, use of motor vehicle, but not nighttime.
Ruling: TWO COUNTS OF MURDER