G.R. No. 100718 -19 January 20, 2000
PEOPLE OF THE PHILIPPINES, appellee, vs. FREDDIE JUAN and EFREN JUAN, accused-appellants.

FACTS

Accused-appellants Freddie Juan and Efren Juan were convicted of Murder for the killing of Carlos Torres. The prosecution evidence established that on the evening of September 6, 1988, following an altercation between Freddie and Elmer Tabang, the appellants stoned the Tabang house. Later, they forcibly entered the same house. Elmer, who was on the stairs, heard Efren utter “pusila ren” (shoot him now). Carlos Torres, emerging from the kitchen, was then shot twice. Elmer subsequently heard Efren ask, “tinamaan mo ba?” and Freddie confirm, “Oo patay.” The defense presented alibi and claimed the NBI nitrate test on Freddie was negative, proving he did not fire a gun.

ISSUE

The core issues were whether the appellants were the perpetrators, whether conspiracy existed, and whether the crime was Murder or Homicide.

RULING

The Supreme Court affirmed the appellants’ criminal liability but modified the conviction to Homicide. The Court upheld the credibility of eyewitness Elmer Tabang, whose positive identification prevailed over the negative nitrate test, which is not conclusive proof of innocence. Conspiracy was duly proven by the appellants’ concerted actions: they jointly stormed the house, with Efren encouraging the shooting and Freddie executing it, followed by their immediate flight together. This unity of purpose and action established conspiracy, making each liable for the acts of the other. However, the qualifying circumstance of treachery was not present. The attack was not deliberately and consciously adopted to ensure execution without risk to the assailants, as the shooting occurred suddenly during a tumultuous forced entry where the victim unexpectedly appeared. The crime is therefore Homicide, penalized under Article 249 of the Revised Penal Code. The appellants were sentenced to an indeterminate penalty and ordered to pay indemnity and damages.