People vs Cupino

G.R. No. 125688

3 April 2000

FACTS:
Gromyko Valiente had an altercation with accused Galos and a fistfight ensued
when appellant Cupino and Dejoras arrived. Outnumbered, Valiente ran and was
pursued. The deceased was stabbed twice by Galos when his attention was diverted.
The bolo left embedded in Valiente's stomach was pulled out by Cupino. Appellant
Dejoras tried to grab the bolo but unfortunately took hold of the blade cutting his hand.
He then let go and run. Thereafter, Cupino stabbed the wounded victim. No witness for
the prosecution testified as to the participation of Dejoras in the assault except that
Dejoras joined Galos and Cupino when they approached the victim and he later tried to
prevent Cupino from stabbing the victim. Nonetheless, the trial court rendered judgment
finding all the accused, who acted in conspiracy, guilty of murder. Hence, this appeal.

ISSUE:
Whether or not there was conspiracy
HELD:
The above testimony clearly demonstrates the conspiracy between Ramon
Galos and Appellant Ignacio Cupino. Both of them showed their common intent
to kill Valliente. On the part of Galos, conspiracy was shown by his act of
grabbing the fleeing victim, simultaneously drawing his small bolo or pisaw, and
stabbing the latter twice. By running after the wounded victim, Cupino showed
unity of purpose with Galos. When he eventually caught up with the
victim, Cupino pulled out the bolo that was embedded in the body of the latter
and used it to stab him again. Clearly, by the consonance of their deeds, both
assailants conspired to kill Valliente