[G.R. No. 121828. June 27, 2003] PEOPLE OF THE PHILIPPINES, appellee, vs.

EDMAR
AGUILOS, ODILON LAGLIBA Y ABREGON and RENE GAYOT PILOLA, accused, RENE
GAYOT PILOLA, appellant.

FACTS

Joselito Capa and Julian Azul was drinking in a store in Mandaluyong, while in the midst of the
drinking spree, Edmar Aguilos and Odilon Lagliba, arrived and they were invited to join the
drinking. During the course of the drinking, Edmar had an argument with the Julian that led to a
commotion of the store, Edmar punched Julian in the face, the latter and the former exchanged
punches. Joselito intervened to stop the fight,. But the Odilon grabbed the Joselito the neck and
stabbed the latter with a knife, Ronnie and accused arrived at the scene and they saw their gang
mate, Odilon, stabbing the victim, they immediately pulled out their knives and subsequently
stabbed the victim, Ronnie bashed a hollow block and a bottle to the head of the victim, the three
accused fled from the scene of the crime. Leaving the victim dead on the spot.

ISSUE Whether or not the accused should be considered as a co- principal in the commission of
the crime and not merely an accomplice.

HELD

The direct participation of the accused in stabbing the victim, resulting to the victim’s accelerated
death, constitutes to conspiracy. The overt act executed by accused qualifies the latter to be a
co-principal in the crime.

Article 17 of the revised Penal Code states: Principals – The following are considered principals

1. Those who take direct part in the execution of the act (emphasis provided)

2. Those who directly force or induce others to commit it

3. Those who cooperate in the commission of the offense by another act without which it would
not have been accomplished All the overt acts of Odilon, Ronnie and the appellant before,
during, and after the stabbing incident indubitably show that they conspired to kill the victim.

In this case, Odilon all by himself initially decided to stab the victim. The appellant and Ronnie
were on the side of the street. However, while Odilon was stabbing the victim, the appellant and
Ronnie agreed to join in; they rushed to the scene and also stabbed the victim with their
respective knives. The three men simultaneously stabbed the hapless victim. Odilon and the
appellant fled from the scene together, while Ronnie went after Julian. When he failed to
overtake and collar Julian, Ronnie returned to where Joselito fell and hit him with a hollow block
and a broken bottle. Ronnie then hurriedly left. All the overt acts of Odilon, Ronnie and the
appellant before, during, and after the stabbing incident indubitably show that they conspired to
kill the victim.

Palaganas v. People, G.R. No. 157057

Subject Matter: Aggravating circumstance, Art.  14 of the Revised Penal Code
Facts:
Brothers Servillano, Melton and Michael Ferrer were having their drinking spree at their house but
later decided to proceed to Tidbits Videoke Bar to continue their drinking spree and to sing.
Thereafter, Jaime Palaganas arrived together with Ferdinand Palaganas and Virgilio Bautista. When
Jaime Palaganas was singing, Melton Ferrer sang with him. Jaime got irritated and insulted. He felt
that he was being mocked by Melton that caused him to go to the latter’s table and uttered
statements which began the fight. Ferdinand sought help from Rujjeric Palaganas. They went to the
bar and upon seeing the Ferrers instructed Rujjeric to shoot them. Rujjeric Palaganas shot Servillano,
Melton and Michael with the use of unlicensed firearm. As a result, Melton was killed, Servillano was
fatally wounded and Michael was shot in his right shoulder.

Issues:
(1) Whether or not Rujjeric Palaganas was guilty of the crime of homicide and 2 counts of frustrated
murder.

(2) Whether or not the use of the unlicensed firearm is a special aggravating circumstance which
should be appreciated by the court at the case at bar.

Held:
In the first issue, Rujjeric Palaganas is guilty of homicide for the death of Melton Ferrer, frustrated
homicide for fatally wounding Servillano Ferrer and attempted homicide for shooting Michael at his
right shoulder.

On the second issue, yes, the unlicensed firearm is a special aggravating circumstance. An
aggravating circumstance was provided for under Presidential Decree No. 1866 as amended by
Republic Act 8294 which is a special law that was passed stating that: if homicide or murder is
committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be
considered as an aggravating circumstance cannot be offset by an ordinary mitigating circumstance.
Voluntary surrender of the petitioner in this case is merely an ordinary mitigating circumstance.