GR 127095; (June, 1998) (Digest)
G.R. No. 127095 June 22, 1998
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LITO LAGARTEJA and ROBERTO LAGARTEJA, accused-appellants.
FACTS
The brothers Lito Lagarteja and Roberto Lagarteja were charged with Murder for the death of Generoso Tipora and two counts each of Frustrated Murder for the stabbing of Ferdinand Carcillar and Roberto Emnas. The cases were consolidated. The prosecution’s evidence, primarily from eyewitness Elisa Jumatiao and the victims, established that around 6:45 p.m. on March 13, 1988, in Manila, Lito Lagarteja, armed with a fan knife and with Roberto acting as a back-up, successively stabbed Ferdinand Carcillar, Generoso Tipora, and Roberto Emnas. Tipora died from a chest wound. Patrolman Manuel Lao, who responded, was also stabbed by Lito during the pursuit. The defense presented a different version, claiming Lito acted alone out of revenge against Carcillar and that Roberto was not present during the initial attacks. The trial court convicted both accused, finding conspiracy based on their unity of purpose and Roberto’s presence at the scene. Lito was sentenced for Murder and Frustrated Murder; Roberto was sentenced as a co-conspirator.
ISSUE
The primary issue is whether the accused-appellants are guilty of the crimes charged, specifically whether conspiracy was established to hold Roberto Lagarteja liable and whether the killing was attended by treachery.
RULING
The Supreme Court modified the trial court’s decision. It affirmed the conviction of Lito Lagarteja for Murder in the killing of Generoso Tipora, finding that the attack was treacherous as the victim was unarmed, unaware, and given no opportunity to defend himself. Lito was sentenced to reclusion perpetua and ordered to pay P50,000.00 as civil indemnity. The Court, however, acquitted Roberto Lagarteja of the charges. It found that the evidence failed to prove conspiracy beyond reasonable doubt. Roberto’s mere presence at the scene, without any overt act showing a common criminal design, was insufficient to establish conspiracy. His acquittal resulted in the dismissal of the charges against him for the death of Tipora and the frustrated murders.