People vs. Comadre 431 SCRA 366 (2004) (Digest)

Complex Crime

26. People vs. Comadre 431 SCRA 366 (2004)

                Robert Agbanlog, Jimmy Wabe, Gerry Bullanday, Rey Camat and Lorenzo Eugenio (drinking grioup) were having a drinking spree on the terrace of the house of Robert’s father (Jaime). As the drinking session went on, Robert and the others noticed appellants Antonio Comadre, George Comadre and Danilo Lozano (appellants) walking. The three stopped in front of the house.               While his companions looked on, Antonio suddenly throw a hand grenade, ripping a hole in the roof of the house.  Drinking group were hit by shrapnel (fragments of the grenade) and slumped unconscious on the floor. They were all rushed to the Hospital. However, Robert died before reaching the hospital. TC: appellants guilty of complex crime of murder with multiple attempted murder.

ISSUE: WON the trial court erred in convicting the appellants?

Held: Only Antonio is liable for the crime.

RULING:

                It was established that prior to the grenade explosion, Rey Camat, Jaime Agbanlog, Jimmy Wabe and Gerry Bullanday were able to identify the culprits, namely, appellants Antonio Comadre, George Comadre and Danilo

Lozano because there was a lamppost in front of the house and the moon was bright.  No conspiracy. Only Antonio is liable for the crime. When Antonio Comadre was in the act of throwing the hand grenade, George Comadre and Danilo Lozano merely looked on without uttering a single word of encouragement or performed any act to assist him.