G.R. No. 90893 May 30, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARTURO PANDIANO, FELIPE ERGO, and FERNANDO ERGO, accused-appellants.

FACTS

Arturo Pandiano, Fernando Ergo, Felipe Ergo, Reynaldo Borac, Jovencio Nuguit, and John Doe were charged with murder for killing Emmanuel “Manny” Janson. John Doe was never apprehended. Borac and Nuguit pleaded guilty to the lesser offense of homicide and were convicted. Only Arturo Pandiano, Felipe Ergo, and Fernando Ergo were tried and convicted of murder. Fernando Ergo escaped from jail during trial, so his conviction stood. The appeal of Arturo Pandiano and Felipe Ergo is the subject of this review.
The prosecution’s version, based on eyewitness accounts, is that at about 11:00 PM on September 1, 1985, accused Jovencio Nuguit and Felipe Ergo, both drunk, arrived at Felix Restaurant & Disco Pub in Parañaque and molested the dancer-girlfriend of the victim, Emmanuel Janson. Janson confronted them, an argument ensued, and the two accused left. Three hours later, at about 2:00 AM on September 2, Nuguit and Felipe Ergo returned, accompanied by Arturo Pandiano, Reynaldo Borac, Fernando Ergo, and an unidentified “John Doe.” Janson and his companion Felipe Labor were outside the restaurant. Felipe Ergo acted suspiciously around Janson. When Janson asked what he wanted, Felipe Ergo replied “none” and moved away but suddenly turned around, said “Hindi ninyo kaya ang mga Waray!” and attacked Janson. A struggle ensued, and the accused ganged up on Janson, boxing him while others held him back. Labor tried to intervene but retreated when Felipe Ergo pulled out a double-bladed knife. Later, Labor and others came out to help, but the accused had already fled, leaving Janson lying in a pool of blood with a knife stuck in his body. Janson was declared dead on arrival at the hospital, having suffered five stab wounds, three of them fatal.
The prosecution presented witnesses Felipe Labor, Edwin Yorac (floor manager), and Roberto Samonte (waiter). Yorac and Samonte testified that Jovencio Nuguit held Janson back, Fernando Ergo boxed him, Felipe Ergo stabbed him, and Reynaldo Borac threw an adobe stone at his face. Arturo Pandiano and Felipe Ergo interposed the defense of alibi, claiming they were at their respective residences at the time and met their co-accused for the first time in jail. The trial court convicted Pandiano, Felipe Ergo, and Fernando Ergo of murder and sentenced them to reclusion perpetua.

ISSUE

1. Whether the testimonies of the prosecution witnesses are credible.
2. Whether conspiracy among the accused was established.
3. Whether the qualifying circumstances of evident premeditation and treachery are present.
4. Whether the participation of appellant Arturo Pandiano was sufficiently proven.

RULING

1. Credibility of Witnesses: The Supreme Court found the testimonies of the prosecution witnesses credible. The discrepancy between witnesses regarding the time of the initial confrontation (11:00 PM vs. 1:00 AM) is not fatal as time is not an essential element of murder, and all witnesses agreed the stabbing occurred at 2:00 AM. Edwin Yorac’s failure to mention the earlier incident does not discredit him, as he could have arrived later. His reaction of initially trying to intervene instead of immediately fleeing is not contrary to human nature, as different persons react differently to danger, and he eventually sought refuge.
2. Conspiracy: Conspiracy was established. The coordinated acts of the accused—surrounding and attacking Janson, with specific roles (holding, punching, stabbing, throwing a stone)—point to a joint purpose and community of interest. When conspiracy is established, it is unnecessary to identify who inflicted the fatal blow, as culpability is imputable to all in equal degree.
3. Qualifying Circumstances: The information alleged evident premeditation and treachery. The Court found that evident premeditation was sufficiently established. The three elements concur: (a) the offenders determined to commit the crime after the initial confrontation at 11:00 PM; (b) they clung to their determination by returning armed three hours later with companions; and (c) the three-hour lapse provided sufficient time for reflection. Treachery was not established, as the attack was not shown to be sudden and from behind without giving the victim a chance to defend himself; the initial confrontation and the victim’s awareness of the accused’s presence negate treachery.
4. Participation of Arturo Pandiano: The Court acquitted Arturo Pandiano on the ground of reasonable doubt. The prosecution witnesses failed to specify any overt act performed by Pandiano during the incident. Their testimonies only placed him at the scene but did not show any active participation in the assault. Mere presence at the scene of the crime, without proof of cooperation in the criminal act, is not sufficient to establish conspiracy or guilt.
DISPOSITIVE PORTION:
The Decision dated August 31, 1989, of the Regional Trial Court is:
– AFFIRMED with respect to accused-appellant FELIPE ERGO, finding him guilty of murder and imposing reclusion perpetua, with the modification that the civil indemnity to the heirs of the victim is increased to P50,000.00.
– REVERSED and SET ASIDE with respect to appellant ARTURO PANDIANO, who is ACQUITTED on the ground of reasonable doubt.
– The conviction of FERNANDO ERGO stands as he escaped during trial and lost his standing in court.