People of the Philippines Vs Spo1 Armando Lozano (acquitted), Dave Samson

(acquitted), Etiquiano Pacaña (acquitted), and Raul Oco (accused)

GR Nos. 137370-71
September 29, 2003

Facts:
 Lozano, Samson, Pacaña, and Raul Oco were all charged for the crime of
Murder of Alden Abiaba and Frustrated Murder of Herminigildo Damuag.
 Said accused were allegedly riding two (2) motorcycles when Raul Oco,
as back rider, shot the victims who were also riding on a motorcycle
resulting to the death of Alden Abiabi, but only wounding Abiabi’s
backride, Damuag.
 The prosecution presented witnesses testifying that Raul Oco shot the
victims however failed to identify the other three companions of Oco
because they were wearing helmets while Oco only wore a clothe on his
forehead.
 Damuag also recognized his assailants.
 The court convicted Raul Oco for the crime of Murder and Frustrated
Murder but acquitted Armando Lozano, Dave Samson, and Etiquiano
Pacaña.
Issue:
 Whether or not Armando Lozano, Dave Samson, and Etiquiano Pacaña
are accomplices or accessories to the crime of Murder and Frustrated
Murder of Raul Oco.
Ruling:
While the prosecution failed to identify the other three (3) companions of
Oco, the Supreme Court agreed to the trial court’s decision of acquitting
Armando Lozano, Dave Samson, and Etiquiano Pacaña as accomplices or
accessories.
The acquittal of the accomplices or accessories does not affect the
conviction of the principal.