G.R. No. 122104 January 19, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEPITO ORBITA y JUSAY, CEFERINO CAPISUNDA y BALCE, and ORLANDO SANTIAGO y FRANCISCO, accused-appellants.

FACTS

On August 18, 1989, in San Juan, Batangas, accused-appellants Pepito Orbita, Ceferino Capisunda, and Orlando Santiago, all CAFGU members, had an initial altercation with the victim, Diosdado de Guzman, during a drinking session. The victim remarked after Santiago threw a drink, prompting the three to point their rifles at him before being pacified and leaving. Later that evening, at around 7:30 PM, while the victim was walking home with companions, they encountered Orbita and Santiago. The two accused again pointed their M-14 rifles at de Guzman. Despite attempts at pacification, Orbita suddenly shot the victim in the chest.
As the wounded victim was being aided by his companions, eyewitness Juanito Mendoza saw Capisunda positioned across the road, armed. After a brief exchange, Mendoza heard a burst of gunfire and turned to see Capisunda firing at the fallen de Guzman, killing him. The Regional Trial Court convicted all three accused of Murder qualified by treachery and aggravated by abuse of superior strength, sentencing them to reclusion perpetua.

ISSUE

Whether the trial court erred in finding conspiracy among the accused-appellants, thereby convicting all three of the crime of Murder.

RULING

The Supreme Court affirmed the conviction, finding conspiracy duly established. Conspiracy exists when two or more persons come to an agreement to commit a felony, deducible from their acts before, during, and after the crime indicating a joint purpose and concerted action. In this case, the series of events revealed a common design to kill the victim. All three accused were together during the initial confrontation, demonstrating a unified hostile intent. During the fatal attack, Orbita and Santiago acted in tandem by both pointing their firearms at the victim and his group, with Orbita firing the first shot. Capisunda, by strategically positioning himself and delivering the final, fatal shots as the victim lay helpless, completed the concerted execution of the plan.
The Court ruled that when conspiracy is proven, the act of one is the act of all. It is immaterial that only Orbita and Capisunda fired their weapons; Santiago’s act of aiming his rifle constituted direct participation in the unlawful aggression. The positive identification by eyewitnesses prevailed over the accused’s denials and unsubstantiated claims of provocation. The killing was attended by treachery, as the attacks were sudden and unexpected, rendering the unarmed victim defenseless. The penalty of reclusion perpetua was affirmed, with an additional award of moral damages to the victim’s heirs.