Art. 48. Penalty for complex crimes.

When a single act constitutes two or more grave or

less grave felonies, or when an offense is a necessary means for committing the other, the
penalty for the most serious crime shall be imposed, the same to be applied in its maximum
period.
People vs. Guillen
FACTS: The accused Julio Guillen, was found guilty beyond reasonable doubt of the crime of
murder and multiple frustrated murder after his attempt to assassinate the President of the
Philippines, Manuel Roxas on March 10, 1947.During the 1946 Presidential Elections, Guillen
voted for the opposing candidateof Manuel Roxas. According to the accused, he was
disappointed with the latter for failing to redeem and fulfill promises made by President Roxas
during the elections. Consequently, the accused determined to assassinate the President and
found the oppotunity to do so on the night of March 10, 1947 when the President attended a
popular meeting by the Liberal Party at Plaza de Miranda, Quiapo, Manila. The accused stood on
the chair he had been sitting on and hurled the grenade at the President when the latter had
just closed his speech. A general who was on the platform saw the smoking grenade and kicked
it away from the platform towards an open space where he thought the grenade was likely to do
the least harm. The grenade exploded in the middle of a group of persons standing close to the
platform and grenade fragments seriously injured Simeon Varela, who died the next day due to
the mortal wounds caused, and several other persons. Guillen was arrested and he readily
admitted his responsibility.
ISSUE: 1 WON the accused was guilty only of homicide through reckless imprudence in regard to
the death of Simeon Varela and of less serious physical injuries in regard to the other injured
persons.
2 WON by a single act of throwing a highly explosive hand grenade at President Roxas
resulting in the death of another person committed several grave felonies namely:
A) murder, of which Simon Varela was the victim; and
B) multiple attempted murders, of which President Roxas and four others were the injured
parties
HELD: 1 The facts do not support the contention of the counsel for the appellant. In throwing the
hand grenade at the President with the intention of killing him, the appellant acted with malice
and is therefore liable for all the consequences of his wrongful act. As provided by Art. 4 of the
Revised Penal Code, criminal liability is incurred by any person committing a felony although the
wrongful act done be different from that which he intended. In criminal negligence, the injury
caused to another should be unintentional, it being simply the incident of another act performed
without malice. As held by the Court, a deliberate intent to do an unlawful act is essentially
inconsistent with the idea of reckless imprudence. Where such unlawful act is wilfully done, a
mistake in the identity of the intended victim cannot be considered reckless imprudence. The
sentence of the trial court is affirmed by unanimous vote and death sentence shall be executed
in accordance with article 81 of the Revised Penal Code.
2 YES. Murder is committed when a person