PEOPLE v. MARCELINO and AMAD, G.R. No. 228945 | 2018 - Synopsis Only
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
-versus –
HESSON CALLAO Y MARCELINO and JUNELLO AMAD, Accused-Appellant.
G.R. No. 228945, SECOND DIVISION, March 14, 2018,
Full text of the case:
Ponente: CAGUIOA, J
Doctrine:
The requisites of an impossible crime are:
(1) that the act performed would be an offense against persons or property;(2) that the act was done with evil intent; and(3) that its accomplishment was inherently impossible, or the means employed was either inadequate or ineffectual.
The third element, inherent impossibility of accomplishing the crime, was explained more clearly by the Court in the case of Intod v. Court of Appeals. It was established that to be impossible under this clause, the act intended by the offender must be by its nature one impossible of accomplishment. There must be either
(1) legal impossibility, or(2) physical impossibility of accomplishing the intended act in order to qualify the act as an impossible crime.
Synopsis:
The case revolves around the brutal murder of Fernando Adlawan by Hesson and Junello, allegedly on the orders of Enrile Yosores. Sario Joaquin, the lone witness, testified that he overheard the accused planning to kill Fernando in the flea market but didn't know the reason behind it. Later that day, Hesson, Junello, Remmy, and Sario went to Fernando's house, where Junello asked for a cigarette lighter and then struck Fernando on the nape with a piece of firewood. Junello then hacked Fernando's body with a bolo, and Hesson stabbed him twice in the chest and took out his heart. Junello took out Fernando's liver, and both fed the organs to a nearby pig before cutting Fernando's neck and slicing his body into pieces. The accused left the crime scene, followed by Sario and Remmy.
Hesson was found guilty of murder qualified by treachery by the trial court, and the Court of Appeals affirmed the conviction with only a modification to the damages awarded. Hesson argued that he should only be convicted of committing an impossible crime as Fernando was already dead when he stabbed him. However, the Supreme Court ruled that Hesson was liable for murder, not for an impossible crime.
The requisites of an impossible crime include that the act performed would be an offense against persons or property, that the act was done with evil intent, and that its accomplishment was inherently impossible, or the means employed was either inadequate or ineffectual. The third element, inherent impossibility of accomplishing the crime, can be legal impossibility or physical impossibility. Legal impossibility occurs where the intended acts, even if completed, would not amount to a crime. In this case, the impossibility of killing a person who was already dead falls under legal impossibility. However, the defense failed to sufficiently establish that Fernando was already dead before Hesson stabbed him. While Sario testified that he thought Fernando was already dead after being hacked by Junello because he was lying on the ground motionless, this statement was not enough to conclude that Fernando was already dead. Sario didn't perform any act to ascertain Fernando's death, such as checking his pulse, heartbeat, or breathing. Furthermore, even if Fernando was already dead when Hesson stabbed him, Hesson is still liable for murder due to the clear presence of conspiracy between him and Junello. As such, Junello's acts are also legally Hesson's acts.
In conclusion, Hesson's argument that he should only be convicted of committing an impossible crime was rejected, and he was found liable for murder qualified by treachery. The case highlights the importance of proving the elements of a crime beyond a reasonable doubt and the legal consequences of participating in a conspiracy.
Dispositive Portion:
WHEREFORE, premises considered, the instant Appeal is DISMISSED for lack of merit. The Decision dated August 31, 2016 of the Court of Appeals, Eighteenth (18th) Division in CA-G.R. CEB-CR-HC. No. 02007, finding accused-appellant Hesson Callao y Marcelino guilty beyond reasonable doubt of the crime of Murder is hereby AFFIRMED.