G.R. No. 95351 ; August 9, 1991
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JIMMY LAURIO and DOMINADOR “Tulong” LAURIO, accused. DOMINADOR “Tulong” LAURIO, accused-appellant.

FACTS

The brothers Jimmy and Dominador Laurio were charged with murder for the killing of Ely Banculo on May 7, 1988, in Masbate. The prosecution evidence established that after all three men had been drinking together at a benefit dance, Dominador suddenly boxed Banculo on the jaw, causing him to fall. Jimmy Laurio then immediately stabbed the prostrate victim three times with a bladed knuckle. Banculo later died from his stab wounds. Only Dominador was tried, as Jimmy remained at large. The trial court convicted Dominador of murder, finding conspiracy and treachery, and sentenced him to reclusion perpetua.
Dominador appealed, contending the trial court erred in finding conspiracy and treachery and in crediting prosecution witnesses despite alleged inconsistencies.

ISSUE

Whether the prosecution proved beyond reasonable doubt that accused-appellant Dominador Laurio conspired with his brother Jimmy in committing murder.

RULING

No. The Supreme Court modified the conviction, finding Dominador guilty only of slight physical injuries. The Court emphasized that conspiracy, like the crime itself, must be proven beyond reasonable doubt and cannot be established by mere conjecture. The evidence only showed that Dominador boxed the victim after a quarrel, and his brother Jimmy independently and suddenly intervened by stabbing the fallen Banculo. There was no proof that Dominador had foreknowledge of Jimmy’s lethal intent or that they had previously agreed to kill or seriously injure the victim. The act of boxing, absent proof of the gravity of the injury inflicted or a proven conspiracy to kill, constituted only slight physical injuries. Since conspiracy was not indubitably established, Dominador could not be held liable for the murder committed by Jimmy. The penalty was reduced to thirty days of arresto mayor.