People Vs Baluntong
People Vs Baluntong
People Vs Baluntong
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* FIRST DIVISION.
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CARPIO-MORALES, J.:
Ferdinand T. Baluntong (appellant) appeals from the
August 13, 2007 Decision1 of the Court of Appeals to which
the Court had earlier referred the present case for
intermediate review following People v. Mateo.2
In its challenged Decision, the appellate court affirmed
appellant’s conviction by the Regional Trial Court of Roxas,
Oriental Mindoro, Branch 43, of Double Murder with
Frustrated Murder, following his indictment for such
offense in an Information reading:
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3 Records, p. 1.
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4 Id., at p. 134.
5 Otherwise known as “An Act Which Prohibits the Imposition of Death
Penalty in the Philippines,” June 24, 2006.
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Q: How far was Balentong (sic) from that burning portion of the
house?
A: He was just infront (sic) of the house, sir.
Q: How far from the burning portion of the house?
A: About two (2) meters away, sir.
Q: The two (2) meters from the front portion or two (2) meters from the
burning portion?
A: About two (2) meters, sir.
Q: From the burning portion?
A: Yes, sir.7 (underscoring supplied)
JOVELYN:
Q: How big was the fire when according to you, you saw the back of
this Ferdinand Balontong (sic)?
A: It is already considerable size, Your Honor.
Q: What effect has this fire in the illumination in that vicinity,
regarding visibility of that vicinity?
A: The surrounding was illuminated by that fire, Your Honor.8
(underscoring supplied)
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10 Records, p. 6.
11 Vide TSN, June 9, 1997, pp. 16-18.
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Penal Code and one for Arson under the Revised Penal
Code, as amended by Section 3 (2) of P.D. No. 1613, lies in
the intent in pursuing the act.
As reflected above, as it was not shown that the main
motive was to kill the occupants of the house, the crime
would only be arson, the homicide being a mere
consequence thereof, hence, absorbed by arson.12
When there is variance between the offense charged in
the complaint or information and that proved, and the
offense charged is included or necessarily includes the
offense proved, conviction shall be for the offense proved
which is included in the offense charged, or the offense
charged which is included in the offense proved.13
Under Section 5 of P.D. 1613, the penalty of reclusion
perpetua to death is imposed when death results. In the
light of the passage of Republic Act No. 9346,14 the penalty
should be reclusion perpetua.
A word on the damages awarded.
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12 People v. Cedenio, G.R. No. 93485, June 27, 1994, 233 SCRA 456.
13 RULES OF CRIMINAL PROCEDURE, Rule 120, Section 4.
14 Supra note 5.
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