G.R. No. 125896 May 11, 2000
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANGELO ORILLO (at large), STEVE SULLANO, accused, STEVE SULLANO, accused-appellant.

FACTS

Accused-appellant Steve Sullano and his co-accused Angelo Orillo were attending a wake in Iloilo City in the early morning of March 19, 1994. The victim, Felix Villaruel, arrived appearing drunk and initiated hostile exchanges with several attendees, including Orillo. When Sullano attempted to pass by Villaruel to go to the toilet, a physical altercation ensued. Sullano boxed and kicked Villaruel, causing him to fall. Prosecution witness Morito Dingcong testified that Sullano continued to assault Villaruel while Orillo held the victim’s arm. After Villaruel’s father arrived and shouted, both Sullano and Orillo initially fled the scene.
The critical divergence concerns events after the initial flight. The prosecution established that Sullano later returned and handed a knife to Orillo. Orillo then approached the prostrate Villaruel and stabbed him in the chest, causing a fatal wound. The defense claimed Sullano did not return and had no part in the stabbing. The autopsy confirmed death was due to hemorrhage from a single stab wound. Orillo remained at large, while Sullano was arrested, tried, and convicted of Murder by the Regional Trial Court.

ISSUE

Whether the trial court erred in finding conspiracy between Sullano and Orillo, thereby holding Sullano liable for the murder committed by Orillo.

RULING

The Supreme Court affirmed the conviction, finding conspiracy was sufficiently established. Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. It may be deduced from the mode and manner in which the offense was perpetrated, or from the acts of the accused evincing a joint or common purpose and design.
The Court ruled that the acts of Sullano and Orillo demonstrated a unity of purpose to assault Villaruel. Sullano initiated the physical attack by felling Villaruel with fist blows and kicks, while Orillo actively participated by holding the victim during the mauling. Their simultaneous flight upon interruption indicated concert of action. Crucially, the act of Sullano handing the knife to Orillo, who then used it to inflict the fatal stab, was a clear, overt act proving their collective criminal intent. This act transformed the initial physical conflict into a lethal assault. Sullano’s facilitation of the murder weapon made him equally liable for the consequence, as in conspiracy, the act of one is the act of all. The provocation from the victim had ceased at that point, and the use of a knife was a disproportionate response, indicating a deliberate intent to kill. Therefore, Sullano was correctly found guilty of Murder as a co-conspirator. The penalty of reclusion perpetua and civil indemnity were affirmed, with an additional award of moral damages.