G.R. No. 121272 ; June 6, 2001
PEOPLE OF THE PHILIPPINES, appellee, vs. REYDERICK LAGO, appellant.

FACTS

An Information dated August 14, 1991, charged appellant Reyderick Lago and four others with the special complex crime of robbery with homicide. It was alleged that on July 24, 1991, in Mandaluyong, Metro Manila, the accused, conspiring and confederating together, armed with a bladed weapon, and with intent to gain, entered the house of Benjamin Raymundo by removing a glass jalousie. Once inside, they took cash and jewelry worth P92,000.00, and on the occasion of the robbery, stabbed Benjamin Raymundo, causing his death. Appellant pleaded not guilty upon arraignment.
The prosecution’s evidence established that appellant, together with Cozette Aragon (the victim’s nephew), Rainier Lisbog, and Jayson Diadid, went to the victim’s house. Aragon removed a jalousie, unlocked the door, and they all entered. Aragon pointed out the victim’s room to Diadid. Diadid and Aragon entered the room while Lisbog acted as a lookout and appellant waited on a sofa outside the room. Diadid took a wallet and cigarettes from atop a refrigerator and handed them to appellant. During the robbery, Diadid repeatedly stabbed Benjamin Raymundo, who sustained 21 stab wounds, causing his death. Neighbors Rosana Capacillo and Ramon Bernardo saw Lisbog and Diadid, respectively, at the scene.
The defense version, as testified to by appellant, was that on the morning of July 24, 1991, his classmate Cozette Aragon asked him to accompany him to his uncle’s house to get a project and collect his salary. Aragon also invited Rainier Lisbog. Upon arrival, Aragon opened a jalousie window with a balisong, unlocked the door, and let them in. Appellant sat on the sofa while Aragon and Diadid went inside a room. Appellant heard groaning from the room, became afraid, and immediately left the place.
The Regional Trial Court of Pasig, Branch 159, found appellant guilty beyond reasonable doubt of robbery with homicide and sentenced him to reclusion perpetua, with orders to pay indemnity, funeral expenses, and the value of stolen items.

ISSUE

Whether the trial court erred in convicting accused-appellant Reyderick Lago of the crime of robbery with homicide despite the alleged insufficiency of the prosecution’s evidence.

RULING

The Supreme Court affirmed the conviction. The appeal had no merit. The Court ruled that when conspiracy is proven in a case of robbery with homicide, all those who participated in the robbery are held guilty of the special complex crime, even if not all actually took part in the homicide perpetrated by just one of them on the occasion or as a consequence of the robbery.
The elements of conspiracy under Article 8 of the Revised Penal Code are: (1) two or more persons came to an agreement; (2) the agreement concerned the commission of a felony; and (3) the execution of the felony was decided upon. Conspiracy need not be proven by direct evidence and may be inferred from the conduct of the parties indicating a common understanding or joint purpose.
The evidence sufficiently established conspiracy. Appellant went with the group to the victim’s house. He did not question the forcible entry through the window. He remained inside the house, received stolen items (wallet and cigarettes) from Diadid, and fled only after hearing the victim’s groans. His presence at the crime scene, his acts of receiving stolen property, and his flight collectively demonstrated his conscious and intentional participation in the common criminal design to commit robbery. His claim of mere accompaniment was implausible given the circumstances of the illegal entry and the violent crime committed. Therefore, as a co-conspirator, appellant is equally liable for the acts of his co-conspirators, including the killing that occurred on the occasion of the robbery. The penalty of reclusion perpetua and the awarded damages were affirmed.