Case Digest (G.R. No. L-15307)
Facts:
On February 16, 1958, fighting occurred among prisoners in the National Penitentiary in Muntinglupa between the “Sigue-sigue” gang and the “OXO” gang, followed on the night of February 17 by preparations for revenge by members of the “OXO” gang. Early in the morning of February 17, Dionisio Valdez and Nataniel Labampa were persuaded by Juanito Tobias, Constantino Duenas, and Custodio Mainar to go with them to Brigade 3-A to help break its door, after which the door was found locked despite the prior destruction of the lock. While Valdez and Labampa were near the door, Duenas came out of Brigade 3-B with Carlos de los Reyes, a member of the “Sigue-sigue” gang, and as they moved toward the fire escape, Felipe Gonzales struck the victim on the head with a piece of wood and Juanito Tobias stabbed him in the chest; Dagami and Roxas helped lower the victim down the fire escape. The physician found that the victim died from strangulation, a penetrating stab wound in the right chest, and lacerated wounds on the forehead, with bruising caused by cloth tied around his neck. The Court of First Instance of Rizal convicted all accused-appellants of murder and imposed death, plus indemnity of P6,000.00, and costs.
Issues:
- Whether Constantino Duenas, Felipe Gonzales, and Juanito Tobias were liable for the murder of Carlos de los Reyes through conspiracy or direct participation.
- Whether the remaining accused-appellants could be held responsible for the killing of the victim notwithstanding their participation limited to revenge plans and assistance.
- Whether the imposition of the death penalty for qualified murder was proper.
Ruling:
The Supreme Court affirmed the conviction and sentence of death of Constantino Duenas, Felipe Gonzales, and Juanito Tobias, holding that a conspiracy existed and that their participation in the actual assault was clear and positive.
As to Angel Flores, Sofronio Dagami, Pablo Roxas, and Custodio Mainar, the Supreme Court set aside the judgment and acquitted them for failure to prove beyond reasonable doubt their responsibility for the victim’s death.
Ratio:
The Court found that the accused-appellants agreed to take revenge against the “Sigue-sigue” gang, prepared sharp instruments, and even destroyed the lock of Brigade 3-D, while Duenas, Gonzales, and Tobias were the ones who led and executed the attack on the victim. Their actions showed coordinated participation: Duenas led the victim out, Gonzales struck him, and Tobias stabbed him in the chest.
Conversely, the Court held that grave doubts existed as to the other accused-appellants’ liability because the agreement was to attack the inmates of Brigade 3-A, not to kill every Manila boy they might encounter; the evidence showed that Dagami and Roxas only helped lower the body, and there was no proof of prior agreement to assault or kill the specific victim, nor evidence that the fatal acts against De los Reyes were induced by them.
Doctrine:
- Conspiracy may be inferred from concerted acts showing a common design, and conspirators are criminally liable for the acts of co-conspirators.
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