People vs Ang Cho Kio

People vs. Ang Cho Kio July 29, 1954 Paul, J. Facts:  (The case is an appeal by the Attorney-General regarding the accused’s penalty because in the first case, he was sentenced to reclusion temporal, while the Attorney-General says that it should be reclusion perpetua. The Court held that it can’t because it constitutes double jeopardy. Pero hindi ‘to yung point eh hehe)  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: WoN 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 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.) *note, Art. 123 does not apply because it’s a plane. But the principle behind is that the Court in this case clarifies that coercion (seizing of the vessel) by the accused was treated as a separate crime from murder and thus could not be qualified as a complex crime (or in our case, qualified piracy)