Complex Crime
23. People vs. Toling, 62 SCRA 17 (1975)
Student: G-one T. Paisones
Professor: Atty. Cisco Franz S. Maclang
Facts:
The
twin Antonio and Jose Toling were riding a train; and stabbed other passengers
in such train; as a result 8 persons had been dead and one person wounded. The twins are charged with 8 counts of murder
and one attempted murder.
Issue:
WON the
Toling twins guilty of 8 counts of murder and one attempted murder.
Held:
YES
Ratio:
The
twins are liable for eight (8) murders and one attempted murder. (See People vs. Salazar, 105 Phil.
1058 where the accused Moro, who ran amuck, killed sixteen persons and wounded
others, was convicted of sixteen separate murders, one frustrated murder and
two attempted murders; People
vs. De Leon, 49 Phil. 437, where the crimes committed by means of separate
acts were held to be complex on the theory that they were the product of a
single criminal impulse or intent).
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