Case Summary (G.R. No. L-33393)
Applicable Law
The charge against the petitioners was based on Article 248 of the Revised Penal Code, which defines and punishes murder. The legal issue for determination was whether the information constituted a single complex crime or should be split into separate murder charges as per Article 48 of the Revised Penal Code.
Case Timeline
- March 2, 1971: Information charged the petitioners with the crime of multiple murder.
- March 23, 1971: The respondent court denied the petitioners’ motion to quash the information.
- April 13, 1971: The Supreme Court issued a temporary restraining order on the scheduled arraignment and trial.
- June 2, 1971: Respondents filed a comment suggesting that filing three separate information charges would serve justice better.
Rationale Behind the Motion to Quash
The petitioners argued that the information should be divided into three separate charges of murder, contending that a complex crime should comprise a single act resulting in multiple felonies. They noted that under Article 48, the penalty for multiple murders would invariably be the maximum penalty of death, regardless of mitigating circumstances.
Prosecution's Position
The prosecution opposed the quashal motion, asserting that because the firearms were automatic weapons, the shooting of the three victims occurred simultaneously with a single pull of the trigger, supporting the argument for a single charge of multiple murder. However, later on, the prosecution conceded that filing three separate informations might enhance justice in the administration of the law.
Court's Decision and Resolution
The Supreme Court concluded that since the prosecution indicated a consensus with the petitioners on the need to pursue three separate charges based on the nature of the criminal act, the issue had become moot and academic. The Court granted permission for the prosecution to amend the original information into three separate
...continue readingCase Syllabus (G.R. No. L-33393)
Case Citation
- 150-A Phil. 407
- G.R. No. L-33393
- Date of Resolution: May 18, 1972
Parties Involved
- Petitioners: Nelson Unal (alias 'Boy Nelson'), Hermogenes Lumanglas (alias 'Genes'), Leopoldo Trinidad, and others.
- Respondents: People of the Philippines and Honorable Enrique Agana, Judge of the Court of First Instance of Quezon (Branch III).
Background of the Case
- The petitioners filed for certiorari on April 7, 1971, challenging the order of the respondent court that denied their motion to quash an information charging them with multiple murder.
- The information, filed on March 2, 1971, accused the petitioners of committing multiple murders on September 23, 1970, in Sitio Lapulapu, Mulanay, Quezon, Philippines.
Details of the Information
- The information alleged that:
- The petitioners, armed with two carbines (Cal. 30) and a pistol (Cal. 45), conspired to kill three individuals: Jose Marasigan, Ramon Baylon, and Armando Mendoza.
- The act was characterized by evident premeditation and treachery, resulting in the instantaneous death of the victims due to gunshot wounds.
- Aggravating circumstances cited included treachery, superior strength, and the use of a motor vehicle.
Petitioners' Motion to Quash
- The petitioners argued that:
- The information should be split into three separate charges of murder, claiming that