G.R. No. L-77964 July 26, 1988
PEOPLE OF THE PHILIPPINES, petitioner, vs. EDGARDO SALVADOR y KIAMCO and RICARDO MANOSCA y TOLUWA, respondents.

FACTS

On the evening of August 20, 1985, Alfredo Mabuhay and his girlfriend, Susan Esmao, were at the Cultural Center of the Philippines (CCP) Complex. Two men, later identified as Edgardo Salvador and Ricardo Manosca, approached them. Manosca held Alfredo at knifepoint and announced a hold-up, while Salvador held Susan. Alfredo surrendered his wallet. When Susan resisted out of fear and Alfredo intervened, Manosca stabbed Alfredo. The assailants then switched victims, with Salvador holding Alfredo and Manosca holding Susan. Alfredo heard Salvador shout “Richard, huwag” (do not kill her) as Manosca proceeded to stab Susan multiple times, killing her. Manosca then instructed Salvador to finish off Alfredo. Instead, Salvador whispered to Alfredo to play dead and pretended to stab him with the knife’s handle. The two then fled. Alfredo was rescued and later identified the accused. The accused were subsequently arrested while attempting to rob another couple in the same vicinity.

ISSUE

Whether accused-appellant Edgardo Salvador is guilty of the special complex crime of robbery with homicide and physical injuries, despite his claim that he was merely a reluctant participant who did not intend the killing.

RULING

The Supreme Court affirmed the conviction. The legal logic centers on the doctrine of conspiracy in the context of a special complex crime under Article 294(1) of the Revised Penal Code. The Court found conspiracy evident from the accused’s coordinated actions: both simultaneously approached the victims, employed force to subdue them, and used knives to carry out the robbery. The act of one conspirator is the act of all. Salvador’s active participation in holding Alfredo, which prevented him from aiding Susan during the stabbing, directly facilitated the homicide. His shouted plea to Manosca not to kill was belied by his concurrent restraint of the male victim, which ensured the killing could proceed unimpeded. This conduct demonstrated community of criminal purpose. The offense of robbery with homicide is a single, indivisible crime where the homicide may be incidental to the robbery; intent to kill is not a separate requirement for liability. All conspirators are liable for all consequences of the concerted action. The Court also upheld the appreciation of nighttime as an aggravating circumstance, as it was deliberately sought to facilitate the crime. Salvador’s subsequent offer to plead guilty to simple robbery and Alfredo’s belated affidavit of desistance were deemed insufficient to exculpate him from the established conspiracy and the resulting complex crime.