People vs.

Ang Cho Kio

GR Nos. L-6687 and L-6688, July 29, 1954
Pablo, J.:

Facts:

First case: The above-named accused was a passenger of PAL plane PI-C-38
enroute to Appari from Laoag. While flying over Mountain Province and armed
with .38 and .45 caliber pistols, the accused, then and there willfully, unlawfully,
and feloniously shot Eduardo Diego.

Second case: He also willfully, unlawfully and feloniously, and without authority of
law, compelled Pedro Perlas, the pilot of the plane, against his will and consent,
to change the route and take the accused to Amoy instead. When Pedro refused,
he shot the guy as well

For the second case, the Attorney-General contends that it should be the
complex crime of grave coercion with murder.

Issue: Whether or not accused is guilty of the complex crime of grave coercion
with murder

Held:

No. Court held that the defendant executed two separate events, not one;
therefore, it could not constitute the complex crime of coercion with murder.

The defendant forced aviator Pedro Perlas to change the direction of the
airplane, and as he did not fulfill his order, he killed him; the defendant executed
two different facts, and not just one; therefore, these two successive acts cannot
constitute the complex crime of coercion with murder. If the aviator would have
followed the defendant's order, he would not have needed to kill him; the pilot
was put in the harsh alternative of fulfilling the order, or dying.

The defendant could have killed Pedro Perlas without forcing him to change the
direction of the airplane. Coercion was not essential to commit the murder. In
fact, by killing the pilot, the defendant was not able to pursue his desire to go to
Amoy.