People v.

Laurio Brothers (#9)

FACTS: Laurio Bothers Dominador, and Jimmy were having a drink with Ely Banculo nearby a benefit
dance managed by Roberto Manlapaz. The trio offered a “last drink” to Roberto. Afterwards,
they decided to retire with Roberto going to the comfort room. Dominador and Ely quarreled
over a woman that escalated quickly and deadly. Fortunately inside the CR, he witnessed Ely
Dominador boxing Ely causing him to fall. Jimmy seized the opportunity and plunged his bladed
hand knuckle 3 times. This injured Ely in the (1) right portion of his chest, (2) on his back and (3)
his right armpit. The scuffle was also witnessed by Dominador’s neighbor, Andiolo. Manlapas
immediately reported the incident to the barangay captain. Unfortunately, only Dominador was
caught. Ely was then sent from one clinic to another but his condition only worsened. He was
then advised to the Provincial Hospital. He underwent lung operation but infection already set
in; Ely passed away. Dominador was tried in RTC and was found guilty of murder. He then
appeals on (2) two grounds: (a) there was conspiracy between the brothers, and (b) full credit
given on the witness testimony despite inconsistencies.

ISSUE: WON there was conspiracy between the Laurio Brothers.

WON Dominador would take full credit of the felony.

RULING: Basic constitutional law principle dictates that accused is presumed guilty unless proven beyond
reasonable doubt .In light of this, the same quantum or degree of proof is necessary to prove
the existence of conspiracy. It must be beyond conjectures and proven thru conclusive
convincing evidence beyond reasonable doubt.

In the case at bar, Dominador only boxed Ely. It was Jimmy who delivered the coup de grace.
There is no evidence that the Brothers conspired to kill Ely. Moreover, Dominador could not
have divined that Jimmy would “exacerbate” the scuffle (in such a manner). ONLY a conspiracy
would qualify Domindor’s knock-out punch as a murder which is not proven beyond reasonable
doubt in the case. With these elements absent, the Corte Suprema finds it fitting to lessen and
modify the ruling of the lower court to: slight physical injuries with 30 days imprisonment.