GR 123917; (December, 2003) (Digest)
G.R. No. 123917; December 10, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. ARTEMIO ELLORABA, ARTURO MANAOG and ZOSIMO MIRANDA, accused. ZOSIMO MIRANDA, appellant.
FACTS
On December 11, 1987, Barangay Captain Dominador Galvez was fatally attacked in MacArthur, Leyte. Eyewitness Antonio Ladan saw accused Artemio Elloraba shoot Galvez in the back with a shotgun. As Galvez fell, accused Arturo Manaog turned the body face up and stabbed him multiple times with a bolo (pisao). Accused-appellant Zosimo Miranda then followed and stabbed the victim once with his own bolo. Another witness, Marcelino Ngoho, corroborated the shooting and Manaog’s stabbing. The three assailants fled together. The autopsy revealed Galvez died from profuse hemorrhage due to shotgun wounds and multiple stab wounds.
At trial, appellant Miranda denied involvement, claiming the victim held a grudge against him over a dispute involving galvanized iron sheets for a barangay chapel. He asserted he was elsewhere during the incident. The Regional Trial Court convicted all three accused of murder qualified by treachery and evident premeditation. On appeal, Miranda argued the prosecution failed to prove conspiracy and that his mere presence at the scene did not establish guilt.
ISSUE
Whether conspiracy existed among the accused to hold appellant Zosimo Miranda equally liable for the crime of murder.
RULING
Yes, conspiracy existed. The Supreme Court affirmed the conviction with modification regarding damages. Conspiracy exists when two or more persons come to an agreement to commit a felony and decide to carry it out. Direct proof is not essential; it can be inferred from the conduct of the accused before, during, and after the crime, demonstrating a common purpose and community of intent.
The legal logic is clear from the coordinated actions. Elloraba initiated the attack by shooting the unarmed victim from behind. Manaog immediately followed by stabbing the fallen victim. Appellant Miranda, in turn, stabbed the victim while he was defenseless on the ground. Their simultaneous, concerted actions—each inflicting injuries in rapid succession—and their joint flight from the scene unequivocally prove a united purpose to kill. Under the principle that the act of one conspirator is the act of all, Miranda is equally liable for the resulting murder. The crime is qualified by treachery, as the attack was sudden and from behind, rendering the victim unable to defend himself. Abuse of superior strength is absorbed by treachery. The Court modified the damages, awarding moral and exemplary damages to the victim’s heirs.