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    PEOPLE VS. bERNARDINO gAFFUD

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    mak
    The Supreme Court of the Philippines ruled that Bernardino Gaffud committed the complex crime of double murder when he burned down the house of Manuel Salvador, killing both Salvador and his daughter Analyn Salvador. Under Article 48 of the Revised Penal Code, a complex crime occurs when a single act constitutes multiple felonies. Here, the single act of burning down the house resulted in two murders, constituting the complex crime of double murder. Therefore, the Court imposed the maximum penalty for murder, which was then death, rather than separate penalties for two counts of murder.

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    PEOPLE VS. bERNARDINO gAFFUD

    Uploaded by

    mak
    135 views3 pages
    The Supreme Court of the Philippines ruled that Bernardino Gaffud committed the complex crime of double murder when he burned down the house of Manuel Salvador, killing both Salvador and his daughter Analyn Salvador. Under Article 48 of the Revised Penal Code, a complex crime occurs when a single act constitutes multiple felonies. Here, the single act of burning down the house resulted in two murders, constituting the complex crime of double murder. Therefore, the Court imposed the maximum penalty for murder, which was then death, rather than separate penalties for two counts of murder.

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    CRIMINAL LAW DIGEST COMPLEX CRIME OF ARSON WITH HOMICIDE. iS THERE SUCH A THING?

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    The Supreme Court of the Philippines ruled that Bernardino Gaffud committed the complex crime of double murder when he burned down the house of Manuel Salvador, killing both Salvador and his daughter Analyn Salvador. Under Article 48 of the Revised Penal Code, a complex crime occurs when a single act constitutes multiple felonies. Here, the single act of burning down the house resulted in two murders, constituting the complex crime of double murder. Therefore, the Court imposed the maximum penalty for murder, which was then death, rather than separate penalties for two counts of murder.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    135 views3 pages

    PEOPLE VS. bERNARDINO gAFFUD

    Uploaded by

    mak
    The Supreme Court of the Philippines ruled that Bernardino Gaffud committed the complex crime of double murder when he burned down the house of Manuel Salvador, killing both Salvador and his daughter Analyn Salvador. Under Article 48 of the Revised Penal Code, a complex crime occurs when a single act constitutes multiple felonies. Here, the single act of burning down the house resulted in two murders, constituting the complex crime of double murder. Therefore, the Court imposed the maximum penalty for murder, which was then death, rather than separate penalties for two counts of murder.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    PEOPLE OF THE PHILIPPINES

    VS.

    BERNARDINO GAFFUD

    566 SCRA 76

    PUNO, C.J.:

    FACTS: Manuel Salvador and his daughter Analyn Salvador were


    killed when the house they were staying was burned down while they
    were inside. An eyewitness pointed to accused-Bernardino Gaffud, Jr.
    as one of the arsonists. This was proven during the trial.

    ISSUE: What crime was committed by Gaffud?

    ISSUE: Should he be held liable for 2 separate murder? Arson with


    murder? Complex crime of double murder?

    HELD: Complex crime of double murder

    Article 48 of the Revised Penal Code reads:

    ARTICLE 48. Penalty for complex crimes. — When a single act


    constitutes two or more grave or less grave felonies, or when an
    offense is a necessary means for committing the other, the penalty for
    the most serious crime shall be imposed, the same to be applied in its
    maximum period.

    In a complex crime, although two or more crimes are actually


    committed, they constitute only one crime in the eyes of the law as
    well as in the conscience of the offender. Hence, there is only one
    penalty imposed for the commission of a complex crime.

    There are two kinds of complex crime. The first is known as


    compound crime, or when a single act constitutes two or more grave
    or less grave felonies. The second is known as complex crime proper,
    or when an offense is a necessary means for committing the other.

    The classic example of the first of kind is when a single bullet results
    in the death of two or more persons. 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 shots,
    such acts constitute separate and distinct crimes.

    In the landmark case People v. Guillen, the Court held that the single
    act of throwing a grenade at President Roxas resulting in the death of
    another person and injuring four others produced the complex crime
    of murder and multiple attempted murders. Under Article 248 of the
    RPC, murder is committed when a person is killed by means of

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    explosion. Applying Article 48 of the RPC, the penalty for the crime
    committed is death, the maximum penalty for murder, which is the
    graver offense.

    In People v. Carpo et al., SC held that the single act of hurling a


    grenade into the bedroom of the victims causing the death of three
    persons and injuries to one person constituted the complex crime of
    multiple murder and attempted murder.

    The underlying philosophy of complex crimes in the Revised Penal


    Code, which follows the pro reo principle, is intended to favor the
    accused by imposing a single penalty irrespective of the crimes
    committed. The rationale being, that the accused who commits two
    crimes with single criminal impulse demonstrates lesser perversity
    than when the crimes are committed by different acts and several
    criminal resolutions.

    In light of these precedents, Supreme Court held that the single act of
    accused- — burning the house of Manuel Salvador, with the main
    objective of killing the latter and his daughter, Analyn Salvador,
    resulting in their deaths — resulted in the complex crime of double
    murder. Under Article 248 of the RPC, murder is committed by means
    of fire. Since the maximum penalty imposed for murder was death,
    when the case was pending in the CA, the CA correctly imposed the
    penalty of death for the complex crime of double murder instead of
    the two death penalties imposed by the RTC for two counts of
    murder. In view, however, of the passage of Republic Act No. 9346
    (otherwise known as "An Act Prohibiting the Imposition of Death
    Penalty in the Philippines") SC reduce the penalty of death to
    reclusion perpetua with no eligibility for parole.

    QUESTION: What aggravating circumstance was present?

    ANSWER: NIGHTTIME. By and of itself, nighttime is not an


    aggravating circumstance. It becomes aggravating only when:

    (1) it is especially sought by the offender; or

    (2) it is taken advantage of by him; or

    (3) it facilitates the commission of the crime by ensuring the


    offender's immunity from capture.

    Here, nighttime was especially sought by accused to carry out his evil
    plan. Evidence shows that accused waited for nighttime to
    consummate his plan, since he was seen lurking near the house of
    the victims earlier in the evening. The fact that he brought with him a
    flashlight clearly shows that he intended to commit the crime in
    darkness.

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