PEOPLE VS PUGAY
GR No. L-74324
November 17, 1988
THE PEOPLE OF THE PHILIPPINES, plaintiff- appellee, vs. FERNANDO
PUGAY y BALCITA, & BENJAMIN SAMSON y MAGDALENA, accused-
appellants
Ponente: Medialdea, J.
SHORT VERSION:
 Samson and Pugay were charged with the crime of murder.
 Samson and Pugay, committed the crime with the qualifying
circumstance of treachery and the aggravating circumstance
of evident premeditation and superior strength.
FACTS:
 May 19, 1982, a town fiesta was held in the public plaza of
Rosario, Cavite. Sometime after midnight, Eduardo Gabion
was sitting in the ferris wheel and reading a comic book.
 Later, Pugay and Samson with several companions arrived at
the scene seemingly drunk.
 The group saw Bayani Miranda and started making fun of
him by tickling him with a piece of wood.
 Pugay suddenly took a can of gasoline and poured its
contents on Miranda. Gabion asked Pugay to stop during
the process of pouring the gasoline.
 Then Samson set Miranda on fire.
ISSUE/HELD:
 WON Pugay and Samson are guilty of the crime murder.
(NO)
RATIO:
 There was no evidence found that Pugay and Samson
planned to kill Miranda. Their meeting was accidental and
the accused were merely making fun of the deceased-
victim.
 Criminal responsibility of Pugay and Samson are counted as
individual acts and they are held liable only for the acts they
committed individually.
 Pugay should have known that what he was pouring on
Miranda was gasoline because of its smell. He failed to
exercise diligence necessary to avoid the consequences of
his actions and exposed Miranda to danger and injury.
 Pugay is guilty of homicide through reckless imprudence.
 Samson just wanted to set Miranda’s clothes on fire but this
doesn’t relieve him of criminal liability (Art. 4).
 Samson is guilty of homicide credited with ordinary
mitigating circumstance of no intention to commit so grave
a wrong.
 Gabion testified that accused were stunned when they
noticed Miranda burning.