Source: Supreme Court E-Library
This page was dynamically generated
by the E-Library Content Management System (E-LibCMS)
BERSAMIN, C.J.:
The CA summarized the factual and procedural antecedents in the following manner:Criminal Case No. Q-02-111754
The undersigned accuses BERNIE RAGURO Y BALINAS and JONATHAN PEREZ Y DE MATEO @ BORNOK of the crime of Murder, committed as follows:
That on or about the 25th day of August, 2002, in Quezon City, Philippines, the said accused, conspiring together, confederating with several other accused, whose true identities and whereabouts has not as yet been ascertained and mutually helping one another, did then and there wilfully, unlawfully and feloniously with intent to kill, taking advantage of superior strength, with evident premeditation and treachery, attack[,] assault and employ personal violence upon the person of AVELINO MORALES y SORNIL by then and there armed with bladed weapons and hard objects stabbed and clubbed him on the different parts of his body, thereby inflicting upon him serious and mortal wounds which were the direct and immediate cause of his death, to the damage and prejudice of the heirs of Avelino Morales y Sornil.
CONTRARY TO LAW.Criminal Case No. Q-02-111755
The undersigned accuses BERNIE RAGURO Y BALINAS @ TOTO and JONATHAN PEREZ Y DE MATEO@ BORNOK of the crime of Frustrated Murder, committed as follows:
That on or about the 25th day of August, 2002, in Quezon City, Philippines, the said accused, conspiring together, confederating with several other accused, whose true identities and whereabouts has not as yet been ascertained and mutually helping one another, with intent to kill, with treachery and qualified by evident premeditation, did then and there willfully, unlawfully and feloniously attack, assault and employ personal violence upon the person of MANUEL MORALES y SORNIL by then and there armed with bladed weapons stabbed him on his back, thereby inflicting upon him serious arid grave wounds the offender thus performing all the acts of execution which would have produced the crime of Murder as a consequence but nevertheless did not produce it by reason of cause independent of the will of the perpetrator, that is the timely and able medical intervention, to the damage and prejudice of the said offended party.
CONTRARY TO LAW.Criminal Case No. Q-03-115204
The undersigned accuses ERIC RAGURO Y BALINAS, ELMER DE MAKING [sic], TEODOLO PANTI, JR., LEVY DE MESA and JONATHAN PEREZ of the crime of Frustrated Murder, committed as follows:
That on or about the 25th day of August, 2002, in Quezon City, Philippines, the said accused, conspiring together, confederating with and mutually helping one another, with intent to kill, with treachery and qualified by evident premeditation and taking advantage of superior strength, did then and there willfully, unlawfully and feloniously attack, assault and employ personal violence upon the person if MANUEL MORALES by then and there clubbing him with a hard object and stabbing him with bladed weapon, hitting him at the back, thereby inflicting upon his [sic] serious and mortal wounds, the offender thus performing all the acts of execution which would have produced the crime of Murder as a consequence but nevertheless did not produce it by reason of cause independent of the will of the perpetrator, that is the timely medical intervention, to the damage and prejudice of the said offended party.
CONTRARY TO LAW.Criminal Case No. Q-04-128398
The undersigned accuses ERIC (TITO) RAGURO, JR., TEODULO PANTI, ELMER DIMAKILING, and LEVIE DE MESA, of the crime of Murder, committed as follows:
That on or about the 25th day of August 2003, in Quezon City, Philippines, the said accused, conspiring together, confederating with BERNIE RAGURO and JONATHAN PEREZ, who were charged before the Regional Trial Court, branch 81, this City under Criminal Case No. Q-02-111754, of the same offense, and helping one another, with intent to kill, attended by the qualifying circumstance of treachery, and superior strength, did then and there willfully, unlawfully and feloniously attack, assault and use personal violence upon the person of AVELINO SERNIL MORALES, by then and there stabbing him with a bladed weapon on the different parts of his body, as a result of which said victim sustained serious and mortal wounds which were the direct and immediate cause of his untimely death, to the damage and prejudice of the heirs of said victim.
CONTRARY TO LAW.[3]
In the afternoon of August 25, 2002, around 2:00 P.M., Manuel Morales and his brother, Avelino Morales, attended the birthday celebration of their nephew, Bienvenido Morales, Jr., at the latter's shop at G. Araneta Avenue, Meralco Site, Brgy. Dona Imelda, Quezon City. Avelino Morales and Manuel Morales, together with Bienvenido Morales, the celebrator's father, and accused-appellant Bernie Raguro, had a drinking spree. In the course thereof, accused-appellant Bernie Raguro, who was already drunk, hurled invectives at Avelino Morales, Manuel Morales and Bienvenido Morales. Avelino Morales got angry and asked accused-appellant Bernie Raguro to leave the house.
Around 7:00 P.M., the rain started to pour, prompting the group to transfer to Marietta Ofalla's house located across the street. Thereafter, accused-appellant Bernie Raguro came back with accused-appellants Eric Raguro, Teodulo Panti, Jr. and Elmer Dimakiling, who were all armed with bladed weapons. They called on Avelino Morales to come. When Avelino Morales came out from the house, accused-appellant Bernie Raguro stabbed him on the lower left side of his chest. Accused-appellants Eric Raguro and Teodulo Panti, Jr. also stabbed Avelino Morales, while accused Elmer Dimakiling, who was coming from behind Avelino Morales, stabbed Avelino Morales on the clavicle. Avelino Morales fell to the ground and vomited blood. Avelino Morales' fourteen year old son, Arvin Morales, witnessed the incident as he was behind Avelino Morales during the incident. Marietta Ofalla also witnessed the incident, as she was about only two (2) arms length away from them.
After stabbing Avelino Morales, accused-appellant Bernie Raguro turned to Manuel Morales and stabbed him. Manuel Morales was also stabbed at the back by two (2) other persons, whom he identified as accused Elmer Dimakiling and one Juvel Beredo. On the other hand, accused-appellant Jonathan Perez appeared from behind with a 2x2 piece of wood and hit Avelino Morales at the back and Manuel Morales on his right buttocks. Marietta Ofalla, shouted for help which prompted all of accused-appellants to run away.
Avelino Morales and Manuel Morales were both rushed to Delos Santos Hospital. Avelino Morales died on that fateful night due to multiple stab wounds on his trunk. Manuel Morales, on the other hand, sustained two (2) fatal stab wounds at the back and was admitted at the same hospital where he underwent surgery.
x x x x
Upon arraignment on September 18, 2002, accused-appellants Bernie Raguro and Jonathan Perez entered their respective pleas of "not guilty." After pre-trial, trial on the merits ensued.
On November 5, 2002, an information was filed charging accused-appellants Eric Raguro, Teodulo Panti, Jr., Levie de Mesa and Jonathan Perez and accused Elmer Dimakiling with Frustrated Murder. Thus:
x x x x
Accused-appellant Eric Raguro was arraigned on May 4, 2004 while accused-appellants Teodulo Panti, Jr., Levie de Mesa and Jonathan Perez were arraigned on February 21, 2005. All of them entered their respective pleas of "not guilty."
Meanwhile, on June 1, 2004, another information was filed charging accused-appellants Eric Raguro, Teodulo Panti, Jr., and Levie de Mesa and accused Elmer Dimakiling with the crime of Murder. Thus:
x x x x
Accused-appellants Eric Raguro, Teodulo Panti, Jr. and Levie de Mesa were arraigned on June 23, 2005. All of them entered their respective pleas of "not guilty." On the other hand, accused Elmer Dimakiling, who was considered at-large by the trial court in its Order dated July 1, 2003, still remained at-large despite issuance of alias warrant of arrest against him.
On May 25, 2005, Criminal Cases Nos. Q-03-115204 and Q-04-128398 were consolidated with Criminal Cases Nos. Q-02-111754 and Q-02-111755. Considering, however, that Criminal Cases Nos. Q-02-111754 and Q-02-111755 were already at the stage of presentation of defense evidence at that time, Criminal Cases Nos. Q-03-115204 and Q-04-128398 were tried separately.
Presented as witnesses for the prosecution were Marietta Ofalla, Arvin Morales, Manuel Morales, Dr. Romeo Salem and Dr. Edwin Paul Magalona. The witnesses for the defense were Benny Rivera, Roel del Rosario, Jennifer Panti, accused-appellants Teodulo Panti, Jr., Bernie Raguro[,] Jonathan Perez, Levie de Mesa and Eric Raguro.[4]
WHEREFORE, judgment is hereby rendered as follows:
In Crim Case No. 115204, this court finds ERIC RAGURO, TEODULO PANTI, LEVIE DE MESA and JONATHAN PEREZ GUILTY beyond reasonable doubt of the crime of Frustrated Murder and they are all sentenced to a jail term of Six (6) years and One day of Prision Mayor as minimum to Seventeen (17) years and Four (4) months of Reclusion Temporal, as maximum. They are ordered to pay jointly and solidarily the private complainant MANUEL MORALES y Sornil the amount of Thirty Thousand Pesos (Php30,000.00) as actual damages; and
SO ORDERED.[6]
WHEREFORE, the Decision dated September 24, 2013 of the trail court is AFFIRMED, subject to the modification that (i) in Criminal Cases Nos. Q-02-111754 and Q-04-128398, the award [for] civil indemnity is decreased to P50,000.00 in each case, and the award of exemplary damages is increased to P30,000.00 in each case, and, (ii) in Criminal Cases Nos. Q-02-111755 and Q-03-115204, moral damages in the amount of P40,000.00 and exemplary damages in the amount of P20,000.00, are awarded in each case.Hence, this appeal.
SO ORDERED.[8]
Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. To establish conspiracy, direct evidence is not required. It is not even essential that there be proof of the agreement to commit the felony. Proof of concerted action of the accused before, during and after the crime which demonstrates their unity of design and objective is sufficient. This Court had consistently ruled that conspiracy may be inferred when by their acts, two or more persons proceed towards the accomplishment of the same felonious objective, with each doing his act, so that their acts though seemingly independent were in fact connected, showing a closeness of former association and concurrence of sentiment. To hold one as a co principal by reason of conspiracy, it must be shown that he performed an overt act in pursuance of or in furtherance of the conspiracy, although the acts performed might have been distinct and separate. This overt act may consist of active participation in the actual commission of the crime itself, or it may consist of moral assistance to his co-conspirators by being present at the time of the commission of the crime, or by exerting a moral ascendance over the other co-conspirators by moving them to execute or implement the criminal plan. Once conspiracy is established, all the conspirators are answerable as co-principals regardless of their degree of participation, for in the contemplation of the law, the act of one becomes the act of all. It matters not who among the accused inflicted the fatal blow to the victim.As such, once the CA properly affirmed the RTC's findings, such findings generally become conclusive and binding upon this Court, and should remain undisturbed unless there were compelling and exceptional reasons to do so. No such reasons were presented herein by the accused-appellants concerned.
It would appear that by the acts of the herein accused, none of them did any overt act to prevent or dissociate themselves form the others and by their acts it is apparent that they agree to commit the felony and as such, they are liable for the death of AVELINO and injury of MANUEL. Indeed, mere presence at the scene of the incident by itself, is not a sufficient ground to hold a person liable as a conspirator. However, conspiracy may be inferred from proof of facts and circumstances which when taken together indicate that they are part of the scheme to commit the crime. Although MANUEL testified that ERIC did not hurt him or that no overt act was attributed to LEVIE who was also present at the time of the felony, their overt acts of keeping themselves around served no other purpose than to lend moral support by ensuring that no one could give succor to the victims. Their presence at the scene has no doubt encouraged their co-accused and increased the odds against the victim. One who participates in the material execution of the crime by standing guard or lending moral support to the actual perpetuation thereof is criminally responsible to the same extent as the actual perpetrator.[10]In our view, the CA erred in affirming the conviction of de Mesa. His incrimination as a co-conspirator was based on pure speculation and conjecture. There was no proof adduced to show that he had at least lent moral support to his co-accused-appellants when they attacked Avelino and Manuel. Conspiracy could not be deduced from his being merely present at the scene of the crime. He must be shown at least to have committed an overt act that indicated his concurrence in the common criminal design to kill their victims that had animated the attack by the others. Such overt act by de Mesa, to be sufficient to implicate him as a co-conspirator, must be beyond a merely preparatory act.
An overt or external act is defined as some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation, which if carried out to its complete termination following its natural course, without being frustrated by external obstacles nor by the spontaneous desistance of the perpetrator, will logically and necessarily ripen into a concrete offense. The raison d'etre for the law requiring a direct overt act is that, in a majority of cases, the conduct of the accused consisting merely of acts of preparation has never ceased to be equivocal; and this is necessarily so, irrespective of his declared intent. It is that quality of being equivocal that must be lacking before the act becomes one which may be said to be a commencement of the commission of the crime, or an overt act or before any fragment of the crime itself has been committed, and this is so for the reason that so long as the equivocal quality remains, no one can say with certainty what the intent of the accused is. It is necessary that the overt act should have been the ultimate step towards the consummation of the design. It is sufficient if it was the "first or some subsequent step in a direct movement towards the commission of the offense after the preparations are made." The act done need not constitute the last proximate one for completion. It is necessary, however, that the attempt must have a causal relation to the intended crime. In the words of Viada, the overt acts must have an immediate and necessary relation to the offense. (Bold underscoring supplied for emphasis)In view of the absence of any factual or legal basis to implicate de Mesa in the conspiracy to assault Avelino and Manuel, the Court acquits him for failure of the Prosecution to establish his guilt beyond reasonable doubt.