G.R. No. 230778 - People vs. Credo y De Vergara

The accused-appellants, Juan Credo y De Vergara and Daniel Credo y De Vergara, were charged with murder and frustrated murder as co-conspirators in connection with the stabbing deaths of Antonio Asistin y Palco and Evangeline Cielos-Asistin.
Additionally, Juan was charged with violating Presidential Decree No. 1866 for the illegal possession of a firearm, in conjunction with relevant provisions of Republic Act No. 7166, Batas Pambansa Blg. 881, and a COMELEC resolution.

The crimes occurred on March 16, 2004, at or near the residence and computer shop of Spouses Asistin in Quezon City.
According to the Information, alongside other unidentified individuals, the accused allegedly conspired to carry out the stabbing of Antonio and Evangeline, with the attack being marked by evident premeditation, treachery, and abuse of superior strength.
Specific charges against Juan and Daniel included murder (resulting in Antonio’s death) and frustrated murder (in connection to Evangeline’s injuries), with detailed descriptions of the multiple stab wounds inflicted on the victims.

Victim and witness accounts were critical: Evangeline testified about the stabbing incident and her own injuries, noting inconsistencies in descriptions of the assailants’ actions.
Various witnesses (Baguio, Ganal, Roque, among others) provided observations that placed the accused near the scene and recounted conversations and movements that were used to suggest a state of conspiracy.
The testimonies, however, contained inconsistencies regarding the number of unidentified men involved, the sequence of events, and the exact role played by Juan and Daniel during the incident.

Following a follow-up operation on March 17, 2004, police arrested Juan at his rented room. During this operation, items including a homemade shotgun (sumpak), clothing, live ammunitions, and a fan knife were allegedly confiscated.
Arresting officer PO2 Guerrero testified that the seized items were in Juan’s possession and linked them to the charge of illegal possession under P.D. 1866.
Both accused-appellants pleaded not guilty. Juan claimed that his presence near the crime scene was coincidental—reporting an alibi of watching television—and insisted that the items may have been planted, while Daniel denied any active role in the violent events.

The Regional Trial Court (RTC) of Quezon City, Branch 219, rendered its decision on September 9, 2013, convicting both Juan and Daniel of murder and frustrated murder, and convicting Juan separately for violation of P.D. 1866.
The RTC’s findings were based largely on the circumstantial evidence and witness testimonies, despite the defense’s contention that mere presence and non-action could not substantiate a finding of conspiracy.
Subsequent appeals by the accused culminated in the Court of Appeals affirming the RTC decision on October 13, 2016, relying on the same circumstantial evidence and the testimonies presented at trial.

Whether the circumstantial evidence and witness testimonies sufficiently established that Juan and Daniel were guilty beyond reasonable doubt of committing murder.
Whether the presence of the accused at the scene in conjunction with unidentified co-conspirators conclusively indicated their active participation in inflicting fatal wounds on Antonio Asistin.

Whether the evidence demonstrated that Juan and Daniel participated in an overt act of violence that constituted frustrated murder against Evangeline Cielos-Asistin.
Whether inconsistencies in the accounts of witnesses and the absence of a clear act of collaboration negated the charge of conspiracy in frustrated murder.

Whether the evidence, particularly the testimony of the arresting officer and the seizure of allegedly incriminating items, was sufficient to convict Juan of illegal possession of a firearm.
Whether the possibility of the items being planted or not directly linked to the commission of the stabbing should preclude a conviction under P.D. 1866.