PEOPLE vs AGUILOS (Criminal Law Review)

G.R. No. 121828. June 27, 2003

PEOPLE OF THE PHILIPPINES, Appellee, v. EDMAR AGUILOS, ODILON LAGLIBA Y ABREGON and RENE GAYOT PILOLA, accused, RENE GAYOT PILOLA, Appellant.

FACTS:

Elisa Rolan was inside their store at 613 Nueve de Pebrero Street, Mandaluyong City, waiting for her husband to arrive. Joselito Capa and Julian Azul, Jr. were drinking beer. Edmar Aguilos and Odilon Lagliba arrived at the store. Joselito and Julian invited them to join their drinking spree, and although already inebriated, the two newcomers obliged. In the course of their drinking, the conversation turned into a heated argument. Edmar nettled Julian, and the latter was peeved. An altercation between the two ensued. Elisa pacified the protagonists and advised them to go home as she was already going to close up. Edmar and Odilon left the store. Joselito and Julian were also about to leave, when Edmar and Odilon returned, blocking their way. Edmar took off his eyeglasses and punched Julian in the face. Elisa shouted: Tama na. Tama na. Edmar and Julian ignored her and traded fist blows until they reached Aling Soteras store at the end of the street, about twelve to fifteen meters away from Elisas store. For his part, Odilon positioned himself on top of a pile of hollow blocks and watched as Edmar and Julian swapped punches. Joselito tried to placate the protagonists to no avail. Joselitos intervention apparently did not sit well with Odilon. He pulled out his knife with his right hand and stepped down from his perch. He placed his left arm around Joselitos neck, and stabbed the latter. Ronnie and the appellant, who were across the street, saw their gangmate Odilon stabbing the victim and decided to join the fray. They pulled out their knives, rushed to the scene and stabbed Joselito. Elisa could not tell how many times the victim was stabbed or what parts of his body were hit by whom. The victim fell in the canal. Odilon and the appellant fled, while Ronnie went after Julian and tried to stab him. Julian ran for dear life. When he noticed that Ronnie was no longer running after him, Julian stopped at E. Rodriguez Road and looked back. He saw Ronnie pick up a piece of hollow block and with it bashed Joselitos head. Not content, Ronnie got a piece of broken bottle and struck Joselito once more. Ronnie then fled from the scene. Joselito died on the spot.

The appellant denied stabbing the victim and interposed the defense of alibi.

Regional Trial Court (RTC) of Pasig City, Branch 164, convicting him of murder, sentencing him to suffer reclusion perpetua.

ISSUE:

Whether there is conspiracy and all acted direct participation in commission of crime.

RULING:

YES. 

There is conspiracy when two or more persons agree to commit a felony and decide to commit it. Conspiracy may be implied if it is proved that two or more persons aimed by their acts towards the accomplishment of the same unlawful object, each doing a part so that their combined acts, though apparently independent of each other, were, in fact, connected and cooperative, indicating a closeness of personal association and a concurrence of sentiment. There may be conspiracy even if an offender does not know the identities of the other offenders, and even though he is not aware of all the details of the plan of operation or was not in on the scheme from the beginning. One need only to knowingly contribute his efforts in furtherance of it. One who joins a criminal conspiracy in effect adopts as his own the criminal designs of his co-conspirators. If conspiracy is established, all the conspirators are liable as co-principals regardless of the manner and extent of their participation since in contemplation of law, the act of one would be the act of all. Each of the conspirators is the agent of all the others.

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.

All things considered, SC ruled that Ronnie and the appellant conspired with Odilon to kill the victim; hence, all of them are criminally liable for the latters death. The appellant is not merely an accomplice but is a principal by direct participation.

Even assuming that the appellant did not conspire with Ronnie and Odilon to kill the victim, the appellant is nevertheless criminally liable as a principal by direct participation. The stab wounds inflicted by him cooperated in bringing about and accelerated the death of the victim or contributed materially thereto.

The trial court correctly overruled the appellants defense of alibi. Alibi is a weak, if not the weakest of defenses in a criminal prosecution, because it is easy to concoct but hard to disprove.