GR 113708; (October, 1999) (Digest)
G.R. No. 113708 October 26, 1999
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARQUILLOS TABUSO y SISTER @ BULAG, accused-appellant.
FACTS
The prosecution alleged that on July 29, 1992, in Manila, accused Arquillos Tabuso, conspiring with Arnold Mendoza and two others, shot and killed Roberto Bugarin. Witness Renato Datingginoo testified he passed by a group including Tabuso and Mendoza in an alley. He heard Tabuso utter “nandiyan na si Dagul,” referring to the victim. After hearing gunshots, he saw Tabuso, Mendoza, and others hurriedly leave the alley and found Bugarin fatally wounded. Rosalina Datingginoo testified she saw Mendoza shoot Bugarin twice and then escape with Tabuso and companions. The defense presented an alibi, with Tabuso claiming he was at his home in Caloocan City during the incident and was later arrested merely for being Mendoza’s relative.
ISSUE
Whether the prosecution proved beyond reasonable doubt that accused-appellant Arquillos Tabuso conspired in the murder of Roberto Bugarin.
RULING
The Supreme Court reversed the conviction and acquitted Tabuso. The Court emphasized that conspiracy, like the crime itself, must be proven beyond reasonable doubt. It is not established by mere presence at the crime scene or assumed intimacy between accused individuals. The prosecution’s evidence failed to meet this standard. The testimony did not show any overt act by Tabuso demonstrating a common criminal design with Mendoza. His alleged utterance did not conclusively prove he was directing Mendoza to act or was part of a plan to kill. Furthermore, the Court found the theory that Tabuso acted as a lookout to be incredible due to his undisputed eye defect, which earned him the alias “Bulag” (blind), casting serious doubt on his efficacy for such a role. With the prosecution’s case resting solely on the theory of conspiracy and the evidence being insufficient to prove it beyond reasonable doubt, the guilt of the accused-appellant was not established. The Court reiterated the constitutional presumption of innocence and the principle that it is better for ten guilty persons to escape than for one innocent to suffer. Consequently, Tabuso was acquitted.