PEOPLE vs. PUGAY (Crimimal Law Review 1)

G.R. No. L-74324 November 17, 1988

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.

FERNANDO PUGAY y BALCITA, & BENJAMIN SAMSON y MAGDALENA, accused-appellants.

The Solicitor General for plaintiff-appellee.

Citizens Legal Assistance Office for accused-appellants.

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:

Whether conspiracy is present in this case and what would be the extent of their crimimal liabilities.

RULING:

No, there is nothing in the records showing that there was previous conspiracy or unity of criminal purpose and intention between the two accused-appellants immediately before the commission of the crime. There was no animosity between the deceased and the accused Pugay or Samson. Their meeting at the scene of the incident was accidental. It is also clear that the accused Pugay and his group merely wanted to make fun of the deceased. Hence, the respective criminal responsibility of Pugay and Samson arising from different acts directed against the deceased is individual and not collective, and each of them is liable only for the act committed by him.

Pugay should have known that what he was pouring on Miranda was gasoline because of its smell to avoid the consequences of his actions and exposed Miranda to danger and injury. Thus, Pugay is guilty of homicide through reckless imprudence.

On the other hand, Samson who just wanted to set Miranda's clothes on fire does not relieve him from crimimal liability. Thus, he is guilty of homicide with ordinary mitigating circumstance of no intention to commit so grave a wrong.