Under Conspirators Art. 8PEOPLE v ELIJORDEGR 126531 | April 21, 1999 | J. Bellosillo

FACTS: What happened: Eric Hierro, Benjamin Visbal and Rodel Contemplado were drinking. Then, Hierro and Visbal went to buy mango at a nearby sari-sari store, where Gilbert Elijorde, Reynaldo Punzalan and Edwin Menes were hanging out. Menes approached Hierro but Hierro said, Dont touch me, my clothes will get dirty (#bitch). And so Menes punched him on the face (#pikon). Elijarde and Punzalan also joined in (#sawsaw). Hierro and Visbal ran and hid in Contemplados house. After 3 minutes, Hierro, Visbal and Visbals wife began walking home. He was suddenly kicked by Punzalan at the back. Visbal tried to defend him but he was held back by his wife. When Hierro ran, he was pursued by Elijorde. (Visbal followed them #concerned) Elijorde then stabbed Hierro in the back. When he fell down, Elijorde placed himself on top of him. Despite his pleas for mercy, Elijorde stabbed him with a knife on the chest then fled. He was brought to the hospital where he died soon after. Gilbert Elijorde, Reynaldo Punzalan and Edwin Menes were charged with murder. Elijorde and Punzalan were arrested and tried. Menes remained at large. They now contend that the TC erred in finding that treachery was present and that Punzalan was guilty of murder by reason of conspiracy with Elijorde.

ISSUES/HELD/RATIO:1. [IMPORTANT ISSUE] WON Punzalan is guilty of murder by reason of conspiracy: NO. The defense argues that Punzalans only participation is when he joined in on the first fight and when he kicked Hierro when they ambushed him on his way home. He did not cooperate with Elijorde in pursuing and stabbing Hierro. The acts of kicking were neither in pursuance of the Elijordes criminal design or objective, which is to kill Hierro. SC agrees with the defense. Conspiracy must be proven by clear and convincing evidence, not merely assumption. He must be shown to have performed an overt act in pursuance or furtherance of the collaboration. The action of a conspirator must impliedly show unity of purpose or a concerted effort to do the crime. There is no evidence to show unity of purpose and design between Punzalan and Elijorde in the execution of the killing. He merely kicked Hierro anyway and then stayed where he was after that. The mere kicking does not necessarily prove intention to kill. There is also no evidence to show that Punzalan knew of Elijordes intent to kill. He cannot be considered as an accomplice as well. Requisites to be an accomplice: (1) community of design he knows the criminal design/tactic of the principal and concurs with the latters purpose; (2) cooperation in the execution of the offense - by previous or simultaneous acts; (3) relationship between the acts of the principal and the accomplice assistance rendered. Because there is absolutely no record to prove that he was either a conspirator or an accomplice, he must be absolved from all responsibility for the killing of Hierro. 2. Concerning the treachery, the SC said there is. However, there is no evident premeditation and abuse of superior strength. Not important anyways.

WHEREFORE, Punzalan is ACQUITTED and Elijorde is guilty of murder and sentenced to reclusion perpetua.