People vs. Gonzalez, 359 SCRA 362 (2001) Digest

Complex Crime

25. People vs. Gonzalez, 359 SCRA 362 (2001)

Student: G-one T. Paisones

Professor: Atty.  Cisco Franz S. Maclang

Facts:

                The appellant was driving with companions, while the private complainant was driving a Toyota FX with his pregnant wife Feliber Andres, his two year old son, Kenneth, and other companions. At the intersection near the Garden of Remembrance, while the accused-appellant Gonzalez was turning left towards the exit and the complainant Noel Andres was headed straight along the road to the exit their two vehicles almost collided.  Noel was able to timely step on the brakes.  The appellant continued while Noel drove behind the appellant's vehicle for some time and cut him off when he found the opportunity to do so.^[1] Noel  then got out of his vehicle and knocked on the appellant's car window.

Noel told the appellant to be careful with his driving and to this Gonzalez allegedly replied, "Accidents are accidents, what's your problem."  Andres stated that he saw the appellant turning red in anger so he decided to go back to his vehicle when he was blocked by the appellant's son.  Andres immediately boarded his vehicle, sat at the driver's seat, closed the door, and partially opened the car window just wide enough to talk back to appellant's son, Dino.  Suddenly, one of his passengers said "Binaril kami".  He turned to his wife Feliberand saw her bloodied and unconscious.  He turned around and saw his son Kenneth and nephew Kevin were also wounded.  The wife of Noel died in the incident.

Issue:

                WON the appellant is guilty of the complex crime of murder for the death of Feliber Andres and for two counts of frustrated homicide.

Held:

                YES

Ratio:

                SC are convinced that the shooting was attended by treachery that qualified the crime of murder aggravated by the use of a semi-automatic pistol specifically fitted with murderous missile.  The crime committed for the killing of Feliber Andres was murder, qualified by treachery and aggravated by the use of firearm.As regards the injuries suffered by the two children, the crime committed was two counts of frustrated homicide.