GR 113470; (March, 1997) (Digest)
G.R. No. 113470 March 26, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DANILO CORBES Y OLAZO and MANUEL VERGEL Y PASCUAL, accused-appellants.
FACTS
Accused-appellants Danilo Corbes and Manuel Vergel were convicted by the Regional Trial Court as principals by conspiracy for the crime of Robbery with Homicide. The prosecution established that on November 17, 1990, six armed men robbed the Caloocan Consortium Corporation, killing security guard Timoteo Palicpic. Eyewitness Elena San Jose testified that she saw a blue jeep parked near the crime scene, with Vergel at the driver’s seat repeatedly alighting to inspect the vehicle and Corbes acting as a lookout, walking to and from the corner near the establishment. After the robbery, she saw four men run to and board the jeep, upon which Vergel urged them to hurry with the words, “Dalian n’yo, baka tayo mahuli!” The vehicle then sped away.
ISSUE
Whether the prosecution proved beyond reasonable doubt the existence of a conspiracy between Corbes and Vergel to commit robbery with homicide.
RULING
The Supreme Court modified the ruling. It held that conspiracy was not proven with the required moral certainty. Conspiracy must be established as clearly and convincingly as the crime itself, requiring proof beyond reasonable doubt. The evidence did not conclusively show that Vergel had prior knowledge and agreement to the criminal design. However, his actions and utterance, “Dalian n’yo, baka tayo mahuli!” demonstrated his subsequent, conscious cooperation. This indicated he knew of the criminal design after the fact and intentionally assisted by driving the getaway vehicle, an act without which the escape would have been hindered. Consequently, Vergel was found guilty only as an accomplice to the robbery, not as a principal by conspiracy. Corbes’s role as a lookout, a direct act in furtherance of the crime, established him as a principal. The Court thus convicted Corbes as a principal and Vergel as an accomplice in the special complex crime of robbery with homicide.