CASE DIGESTS

Legal Research - JD 1

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs.

RESTITUTO CARANDANG, HENRY MILAN AND JACKMAN CHUA, Accused-
Appellants.
G.R. No. 175926 July 6, 2011

Facts:
The sister of the accused Milan requested assistance from La Loma Police Station 1
regarding a drug deal that was reportedly going to occur in her home. SPO2 Red organized
a group of the officers who were present with him throughout the interrogation. The team
proceeded to Calavite Street aboard two vehicles, a mobile patrol car and an unmarked car.
When the team reached the place and introduced themselves as police officers, Milan
immediately shut the door. "Walang gagalaw!" PO2 Alonzo and SPO2 Red yelled as they
open the door. ” The police were shot causing their instant death. Carandang was the one
who fired the gun which hit SPO2 Red, PO2 Alonzo and SPO1 Montecalvo. Carandang,
Milan, and Chua were found guilty on two charges of murder and one count of frustrated
murder. The CA upheld the RTC's judgment. Hence this petition where Milan and Chua's
argues that there is the absence of specific evidence proving their involvement in
Carandang's plot to shoot the three victims.

Issue:
Whether or not there was conspiracy among the accused-appellants.

Ruling:
Yes. Conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it. Evidence is not required to prove that the
conspirators actually agreed to the crime or that they had a predetermined goal in mind.
Proof of concerted action before, during and after the crime, which demonstrates their unity
of design and objective, is sufficient.

Here, Milan and Chua conspired with Carandang as established by their acts (1) before
Carandang shot the victims (Milan’s closing the door when the police officers introduced
themselves, allowing Carandang to wait in ambush), and (2) after the shooting (Chua’s
directive to Milan to attack SPO1 Montecalvo and Milan’s following such instruction).
Contrary to the suppositions of appellants, these facts are not meant to prove that Chua is a
principal by inducement, or that Milan’s act of attacking SPO1 Montecalvo was what made
him a principal by direct participation. All three are regarded as principals via direct
participation as co-conspirators because these circumstances provide strong circumstantial
proof of the three people's shared goal.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,vs.
MICHAEL BOKINGO alias "MICHAEL BOKINGCO" and REYNANTE COL, Accused-
Appellants.
G.R. No. 187536 August 10, 2011

Facts:
Bokingco and Col were among the construction workers employed by Pasion. They were
charged of murder for conspiring together for beating the head of Noli Pasion with a claw
hammer, inflicting upon him fatal wounds on his head and body which caused his death.
While Col pleaded not guilty, Bokingco entered a guilty plea and admitted to the crime,
confessing that he conspired with Pasion's murder in advance because they had grown tired
of him. Bokingco and Col were found guilty of murder, there being the two aggravating
circumstances of nighttime and abuse of confidence to be considered against both accused
and the mitigating circumstance of voluntary plea of guilty in favor of accused Bokingko
only, and each of them to suffer the penalty of death. The Court of Appeals affirmed the trial
court’s decision, finding them guilty as conspirators, qualified by treachery and evident
premeditation and with the attendant aggravating circumstances of nighttime and abuse of
confidence, with no mitigating circumstances and reduced the penalty to reclusion perpetua
pursuant to RA 7659.

Issue:
Whether or not Col is guilty beyond reasonable doubt as a co-conspirator

Ruling:
There was no conspiracy between Bokingco and Col. Conspiracy exists when two or more
persons come to an agreement in committing an unlawful act. For Col to be convicted as
principal by direct participation, conspiracy between him and Bokingco must be proved.
Bokingco and Col’s action did not indicate that they were acting in conspiracy to kill Pasion
because while Col was attempting to rob the pawnshop, Bokingco was killing Pasion
because of his pent-up anger against him.There were two crimes committed simultaneously
and there was no sufficient evidence to establish the existence of conspiracy. Reynante Col is
acquitted on ground of reasonable doubt and Michael Bokingco is found guilty beyond
reasonable doubt for the crime of homicide.
PEOPLE OF THE PHILIPPINES, Plaintiff -Appellee, vs.
MARCELINO DADAO, ANTONIO SULINDAO, EDDIE MALOGSI (deceased) and
ALFEMIO MALOGSI,* Accused-Appellants.
G.R. No. 201860 January 22, 2014

Marcelino Dadao, Antonio Sulindao, Eddie Malogsi and Alfemio Malogsi were charged
with the crime of murder for conspiring together, Pionio Yacapin was shot, hitting his back
and left leg, inflicting wounds causing his death. The prosecution presented 6
witnesses.which all corroborated to the event that they saw the accused shot Pionio
Yacapin.The appellants elevated the case to the Court of Appeals wherein, CA affirmed the
decision of the trial court.cThe appellants reiterate that there was no proof of their guilt
beyond a reasonable doubt because the prosecution's witnesses' depositions contained
contradictions and improbabilities that cast doubt on their veracity.

Issue:
Whether or not there was conspiracy among the accused-appellants.

Ruling:
There is conspiracy when two or more persons come to an agreement concerning the
commission of a felony and then decide to commit it. It arises on the very instant the plotters
agree, expressly or impliedly, to commit the felony and forthwith decide to pursue it.

According to the prosecution, only Eddie and Alfemio Malogsi held firearms which were
used in the fatal shooting of Pionio Yacapin while Marcelino Dadao and Antonio Sulindao
purportedly held bolos. Thus, it does not come as a surprise that the latter two tested
negative for powder burns because they were never accused of having fired any gun.
Nevertheless, the evidence on record has established that all four accused shared a
community of criminal design. By their concerted action, it is evident that they conspired
with one another to murder Pionio Yacapin and should each suffer the same criminal
liability attached to the aforementioned criminal act regardless of who fired the weapon
which delivered the fatal wounds that ended the life of the victim.
PEOPLE OF THE PHILIPPINES, Plaintiff-appellee, vs.
DANILO FELICIANO, JR., JULIUS VICTOR MEDALLA, CHRISTOPHER SOLIVA,
WARREN L. ZINGAPAN, and ROBERT MICHAEL BELTRAN ALVIR, Accused-
appellants.
G.R. No. 196735 May 5, 2014

Facts:
Leandro Lachica, Amel Fortes, Derinis Venturina, Mervin Natalicio, Cristobal Gaston, Jr.,
Felix Tumaneng, and Cesar Magrobang, Jr. are all members of the Sigma Rho Fraternity.
They were eating lunch at the Beach House Canteen. There were about ten men approaching
them with baseball bats and lead pipes, and their heads were covered with either
handkerchiefs or shirts. Some of them sustained injuries that required hospitalization. One
of them, Dennis Venturina, died from his injuries. The trial court rendered its decision with
the finding that Robert Michael Alvir, Danilo Feliciano, Jr., Christopher Soliva, Julius Victor
Medalla, and Warren Zingapan were guilty beyond reasonable doubt of murder and
attempted murder and were sentenced to, among other penalties, the penalty of reclusion
perpetua. Trial court found that there was conspiracy among the accused-appellants and the
appellate court sustained this finding.

Issue:
Whether or not there was conspiracy among the accused-appellants Leandro Lachica, Amel
Fortes, Derinis Venturina, Mervin Natalicio, Cristobal Gaston, Jr., Felix Tumaneng, and
Cesar Magrobang, Jr.

Ruling:
The appellate court, therefore, erred in finding the accused-appellants guilty only of slight
physical injuries. It would be illogical to presume that despite the swiftness and suddenness
of the attack, the attackers intended to kill only Venturina, Natalicio, and Fortes, and only
intended to injure Lachica, Mangrobang, and Gaston. Since the intent to kill was evident
from the moment the accused-appellants took their first swing, all of them were liable for
that intent to kill.
Conspiracy, once proven, has the effect of attaching liability to all of the accused, regardless
of their degree of participation, thus, once an express or implied conspiracy is proved, all of
the conspirators are liable as co-principals regardless of the extent and character of their
respective active participation in the commission of the crime or crimes perpetrated in
furtherance of the conspiracy because in contemplation of law the act of one is the act of all.
The foregoing rule is anchored on the sound principle that "when two or more persons unite
to accomplish a criminal object, whether through the physical volition of one, or all,
proceeding severally or collectively, each individual whose evil will actively contributes to
the wrong-doing is in law responsible for the whole, the same as though performed by
himself alone."
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs.
JAVIER MORILLA Y AVELLANO, Accused-Appellant.
G.R. No. 189833 February 5, 2014

Facts:
Accused Morilla, Mayor Mitra then the incumbent mayor of Panukulan, Quezon, Willie
Yang y Yao and Ruel Dequilla y Regodan who all belong to an organized/syndicate crime
group as they all help one another, for purposes of gain in the transport of illegal drugs,
conspiring together to transport methamphetamine hydrochloride, commonly known as
shabu by means of two (2) motor vehicles, namely a Starex van bearing plate number RWT-
888 driven by Mayor Mitra and a municipal ambulance of Panukulan which is driven by
Morilla. The trial court convicted Morilla and Mayor Miltra to suffer the penalty of life
imprisonment and to pay a fine of P10,000,000.00. However, it absolved Dequilla and Yang
due to the prosecution's failure to present sufficient evidence to convict them of the offense
charged. Court of appeals affirmed the ruling of the trial court. The appellate court likewise
dismissed the argument of lack of knowledge of the illegal contents of the sacks. The
appellate court said that the assent of the minds may be and, from the secrecy of the crime,
usually inferred from proof of facts and circumstances which, taken together, indicate that
they are parts of some complete whole.

Issue:
Whether or not the finding of conspiracy is correct.

Ruling:
The finding of conspiracy between Morilla and Mayor Miltra was correct. A conspiracy
exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it. To determine conspiracy, there must be a common design to
commit a felony. In conspiracy, it need not be shown that the parties actually came together
and agreed in express terms to enter into and pursue a common design. The assent of the
minds may be and, from the secrecy of the crime, usually inferred from proof of facts and
circumstances which, taken together, indicate that they are parts of some complete whole.
 Case Synthesis

Conspiracy to commit a crime is something that all five of these cases have in
common. To establish conspiracy, there must be two or more persons come to an agreement
concerning the commission of a felony and they decide to commit it. Furthermore, proof of
concerted action before, during and after the crime, which demonstrates their unity of
design and objective, is sufficient, it need not require an evidence to prove that the
conspirators actually agreed to the crime or that they had a predetermined goal in mind.

In People v. Carandang, they were found guilty on two charges of murder and one
count of frustrated murder. Milan and Chua conspired with Carandang as established by
their acts (1) before Carandang shot the victims (Milan’s closing the door when the police
officers introduced themselves, allowing Carandang to wait in ambush), and (2) after the
shooting (Chua’s directive to Milan to attack SPO1 Montecalvo and Milan’s following such
instruction).

In People vs. Bokingko, they were charged of murder for conspiring together for
beating the head of Noli Pasion with a claw hammer, inflicting upon him fatal wounds on
his head and body which caused his death. The court ruled that there was no conspiracy
between Bokingco and Col because Col’s action did not indicate that they were acting in
conspiracy to kill Pasion because while Col was attempting to rob the pawnshop.

In  People vs. Dadao et.al., they were charged with the crime of murder for conspiring
together of killing Pionio Yacapin by shooting and hitting his back and left leg, inflicting
wounds causing his death. The court ruled that there was conspiracy because the evidence
on record has established that all four accused shared a community of criminal design. By
their concerted action, it is evident that they conspired with one another to murder Pionio
Yacapin and should each suffer the same criminal liability attached to the aforementioned
criminal act regardless of who fired the weapon which delivered the fatal wounds that
ended the life of the victim.

In People vs. Feliciano Jr. et.al., they were found guilty beyond reasonable doubt of
murder and attempted murder. The court ruled that conspiracy, once proven, has the effect
of attaching liability to all of the accused, regardless of their degree of participation

In People vs. Morilla and Miltra, the trial court convicted Morilla and Mayor Miltra
to suffer the penalty of life imprisonment and to pay a fine of P10,000,000.00. The court
explained, to determine conspiracy, there must be a common design to commit a felony. In
conspiracy, it need not be shown that the parties actually came together and agreed in
express terms to enter into and pursue a common design.

Based on the above summary of the cases, it is also noted from these cases that not all
accused executed the resulting crime, however, when conspiracy is present and established,
the act of one is the act of all regardless of the degree of participation of each.