People v.

Sanchez
FACTS:

According to Vivencio Malabanan (state witness):

o

April 13, 1991: Malabanan went to the Bishop Compound in Calauan,

Laguna and met up with Ding Peradillas.

Peradillas informed Mayor Sanchez that there would be a birthday

party that night at Dr. Velecina wherein Nelson Pealosa will be
present. Dr. Velecina is the political opponent of Maypr Sanchez and
Pealosa was one of his political leaders.

Mayor Sanchez replied with "Bahala na kayo mga anak. Ayusin lang
ninyo ang trabaho."

All the accused (Peradillas, Malabanan, Averion and Corcolon)

understood it as an order to kill Pealosa.

So they went and acquired two-way radios and a vehicle for the
operation. They agreed to meet up at 6 PM.

At around 7 PM, they were stationed at a poultry farm, waiting for the
target to come out.

When Pealosa's jeep left the Velecina compound, the assailants

followed.

At around 100 meters from the compound, the car overtook the jeep,
stayed on its left side and using M-16 and baby armalite, fired at the
jeep. Three bursts of gunfire were heard.

Rickson Pealosa, son of Nelson, fell from the jeep. The owner-type
jeep continued to zigzag until it overturned in front of a farm.

After the shooting, they reported back to Mayor Sanchez.

When the policemen came:

o

Nelson was slumped at the driver seat.

Rickson was slumped on a grassy place not far from him.

Autopsy/investigation findings:

Nelson: massive intra-cranial injury, cranial injury s/t gunshot wounds

Rickson: massive intra thoracic hemorrhage s/t gunshot wounds

Based on wounds: it was not possible for assailants to be at the left

side of the victims; assailants were either sitting or squatting when
they shot the victims; some wounds indicated an upward trajectory of
the bullets

The empty shells were examined and were found to be fired from three
different firearms, one of which was the baby armalite surrendered by
Corcolon.

Defense and alibi of the assailants:

o

Corcolon: spent the whole day supervising the poultry farm of his
employers.

He was never assigned as a security guard of Mayor Sanchez

Charges were concocted against them for his refusal to testify

against Mayor Sanchez in the Gonez-Sarmenta case

Denied owning the M-16 baby armalite

Medialdea (detention prisoner): supported Corcolon's statement that

they were implicated in the killing for their refusal to testify against
Mayor Sanchez

Malabanan confessed to him about the murder but that

Malabanan was with the CAFGU men and not the herein
assailants

Corcolon and Averion were wrongfully implicated

Ama (detention prisoner): claimed that Malabanan confessed to him

but did not mention the involvement of the others

Averion: claimed he was in Lucena, attending to his ailing father and

stayed there until April 1991

Wrongfully implicated because of his refusal to testify against

Mayor Sanchez regarding the Gomez-Sarmenta rape-slayings

Malabanan asked for his forgiveness for falsely incriminating

them in the case.

Mayor Sanchez: went to Anilao, Batangas with his family. Went to

Tagaytay and stayed at Taal Vista Lodge then went to Laguna.

Upon reaching Calauan, Laguna, he found out about the ambush

and ordered for an investigation of the case

Denied any involvement in killing of the victims

Trial Court considered the crime as a complex crime of double murder

o

Prosecutions evidence clearly and convincingly established the

participation of the 4 accused

Ruled that the 4 accused conspired in committing the crime.

Treachery was present -> qualifies the crime to murder

Aggravating circumstances: evident premeditation, nighttime and use

of motor vehicle

Punishable under Art. 48 of the RPC: sentenced to reclusion perpetua

and to pay damages.

Mayor Sanchez and Averion appealed for inconsistencies with testimonies

and evidences.

OSG supported the trial courts decision.

SC agrees that the prosecution had adequately established the accuseds

guilt beyond reasonable doubt
o

The inconsistencies regarding the statement of the doctor and the

actual findings in the autopsy were not impossible. The victims may be
hit in different parts of the body as the car zigzagged along the road.
This does not affect the credibility of Malabanans testimony.

Malabanan was able to give a detailed account of the planning,

preparation and the shooting incident.

The fact that they relied on a single witness does not affect the
verdict of conviction. It is not by the number of witnesses, but by
the credibility of the testimony that manages to convince the
court of the guilt of the accused.

Since Malabanan was one of the accused, who else can be more
credible?

Defense of alibi and denial are worthless in the face of positive

testimony of a witness showing the involvement of each of the
accused.

ISSUE|HELD|RATIO:
Whether their act should be considered a complex crime? NO.

In People v. Vargas, Jr. they ruled that several shots, although caused by a
single act of pressing the trigger are considered several acts.
o

It is not the act of pressing that would produce the felony, but the
number of bullets

The accused are criminally liable for as many offenses resulting from
the pressing of the trigger

They are liable for two counts of murder instead of the complex
crime of double murder

Because of the presence of treachery, it is qualified as murder

Conspiracy is established
o

Court was convinced that Mayor Sanchez was the mastermind, not a
mere con-conspirator

In a conspiracy, what is important is that the participants performed

acts with such closeness and coordination as unmistakably to indicate
a common purpose or design in bringing about the death of the victim.

There was evident premeditation (preparation of two-way radios and motor

vehicle

No aggravating circumstance of nighttime since the accused did not make

use of the darkness to conceal the crime and their identities.

DISPOSITION: Court modifies the decision: found them guilty beyond reasonable
doubt of two counts of murder and sentences them to suffer two penalties of
reclusion perpetua and each to pay jointly the damages (P130,000.00).