PEOPLE V MISION

ISSUE: W/N the conviction of CFI of complex crime of murder and frustrated murder is correct. NO
FACTS:
- One afternoon, Mision wanted to buy drinks on credit from Luciana who had a small store in front of her
house. She refused Mision.
- In the evening, Lelith the niece of Luciana is closing the store, Mision pushes it open and stabs Lelith on
left shoulder.
- Mision then approached and stabbed Luciana on her right breast.
- Mision used an 8 inch knife, fled afterwards.
- Lelith regained consciousness, heard Luciana shouting for help, and neighbors responded.
- Police brought both of them to Hospital at 2am, interviewed the victims put into writing and identified
Mision as the assailant.
- The next day, Luciana died from blood poisoning and hemorrhage due to stab wounds while Lelith was
discharged from hospital 5 days after.
- He said that he knew the victims but he never went there on the day of the murder.
- Mision was detained since the day after the murder.
RULING:
WHY THE CFI WAS WRONG:
- Cited a Jurisprudence that 2 acts from single impulse is complex crime.
- Treated it as Delito compuesto, A SINGLE ACT RESULTING IN INJURY TO 2 OR MORE.
SC REASONING
- 2 separate crimes of murder and frustrated murder.
- The Court agrees with the contention of the Solicitor General that the 2 offenses cannot be treated as a
single offense because of the manner.
- SC: Stab on each of the 2 victims who were separated (3 meters). Thus, 2 distinct acts directed at 2 victims.
The 2 distinct offenses were 2 distinct physical acts, it cannot be characterized as delito compuesto.
TREACHERY:
1. Employment of means of execution gives the victim no chance to defend himself.
2. Deliberately and Consciously adopted the means employed.

1st requisite: In the case at BAR, both requisites were satisfied. Victims were defenseless, Lelith was closing the
store when Mision pushed the door and stabbed her. For Luciana, she was caught by surprise and stabbed
immediately by Mision.
2nd requisite: After he was denied from buying from the store, he came back at night, closing time where it was
likely that no other person would be there.

CFI convicting him of the complex crime of murder with frustrated murder and sentencing him to reclusion
perpetua.

SC: WHEREFORE, the Decision of the trial court dated 26 August 1981 is hereby MODIFIED by holding the
accused Luis Mision guilty of two (2) separate crimes of murder and frustrated murder. There being neither a
mitigating nor a generic aggravating circumstance alleged and proven, the accused shall suffer the penalty of
reclusion perpetua for the death of Luciana Dagohoy. He shall likewise suffer imprisonment of six (6) years and one
(1) day as minimum to fourteen (14) years and eight (8) months as maximum for the frustrated murder of Merceda
Dagohoy. The penalties shall be served successively in accordance with the provisions of Article 70 of the Revised
Penal Code. The indemnity for which the accused is liable for the death of Luciana Dagohoy is hereby increased to
P50,000.00 in line with recent jurisprudence of this Court.27 As so modified, the decision of the trial court is hereby
AFFIRMED.