US vs Francisco Abarca

Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!

US vs Francisco Abarca
G.R. No. 74433
September 14, 1987

Facts:

This is an appeal from the decision of the Regional Trial Court of Palo, Leyte, sentencing the accused-appellant Francisco Abarca to death for the complex crime of murder with double frustrated murder.

The case was elevated to this Court in view of the death sentence imposed. With the approval of the new Constitution, abolishing the penalty of death and commuting all existing death sentences to life imprisonment, we required the accused-appellant to inform us whether or not he wished to pursue the case as an appealed case. In compliance therewith, he filed a statement informing us that he wished to continue with the case by way of an appeal.

On 15 July 1984 in Tacloban City, the accused, Francisco Abarca with deliberate intent to kill and with evident premeditation, and with treachery, armed with an unlicensed firearm (armalite), M-16 rifle, shot several times Khingsley Paul Koh on the different parts of his body inflicting upon gunshot wounds which caused his instantaneous death and as a consequence of which also caused gunshot wounds to Lina Amparado and Arnold Amparado on the different parts of their bodies which have caused the death of said spouses.

Issue:

W/O accused-appellant is liable for the crime of complex crime of murder with double frustrated murder?

Held:

The case at bar requires distinctions. Here, the accused-appellant was not committing murder when he discharged his rifle upon the deceased. Inflicting death under exceptional circumstances is not murder. We cannot therefore hold the appellant liable for frustrated murder for the injuries suffered by the Amparados.
For the separate injuries suffered by the Amparado spouses, we therefore impose upon the accused-appellant arresto mayor (in its medium and maximum periods) in its maximum period, arresto to being the graver penalty (than destierro).

The decision appealed from is hereby MODIFIED. The accused-appellant is sentenced to four months and 21 days to six months of arresto mayor. The period within which he has been in confinement shall be credited in the service of these penalties. He is furthermore ordered to indemnify Arnold and Lina Amparado in the sum of P16,000.00 as and for hospitalization expense and the sum of P1,500.00 as and for Arnold Amparado's loss of earning capacity. No special pronouncement as to costs.