GR 147201; (January, 2004) (Digest)
G.R. No. 147201; January 15, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. BENJAMIN SAYABOC y SEGUBA, PATRICIO ESCORPISO y VALDEZ, MARLON BUENVIAJE y PINEDA, and MIGUEL BUENVIAJE y FLORES, appellants.
FACTS
On December 2, 1994, Joseph Galam was shot dead at his establishment, the Rooftop Disco and Lodging House in Solano, Nueva Vizcaya. Prosecution witnesses, including employees Tessie Pilar and Diana Grace Jaramillo, identified appellant Benjamin Sayaboc as the gunman who fired four shots at Galam. Earlier that day, Sayaboc had been loitering at the Rooftop, inquiring about Galam’s arrival time. Immediately after the shooting, eyewitness Joselito Parungao, a barangay tanod, saw Sayaboc walk briskly to a waiting tricycle and ride behind the driver, Marlon Buenviaje. The tricycle, which also carried Miguel Buenviaje and Patricio Escorpiso in the sidecar, then sped away.
The prosecution established a prior motive. On August 13, 1994, Marlon Buenviaje and the victim, Joseph Galam, had a physical altercation. After being separated, a bloodied Buenviaje threatened Galam, stating, “Putang-ina mo Joseph, may araw ka rin, papatayin kita.” The appellants were charged with murder, alleging conspiracy, evident premeditation, and treachery.
ISSUE
The primary issue is whether the appellants are guilty of the crimes charged, specifically concerning the existence of conspiracy and the qualifying circumstances of treachery and evident premeditation.
RULING
The Supreme Court modified the trial court’s decision. The Court affirmed the conviction of Benjamin Sayaboc for Murder but reduced his penalty to reclusion perpetua due to the absence of aggravating circumstances. The Court found that treachery (alevosia) attended the killing. Sayaboc positioned himself at the victim’s establishment, awaited his arrival, and suddenly shot him, employing means that ensured the execution of the crime without risk to himself. However, evident premeditation was not proven, as the prosecution failed to establish the requisite elements of time for reflection and persistence in the criminal intent.
The Court acquitted Marlon Buenviaje, Miguel Buenviaje, and Patricio Escorpiso of both murder and the lesser charge of homicide due to reasonable doubt. The prosecution failed to prove conspiracy beyond reasonable doubt. The mere presence of the three at the scene, parked on a tricycle, does not conclusively prove a prior agreement to kill Galam. Their act of fleeing with the gunman after the fact, while suspicious, is not sufficient evidence of conspiracy without proof of prior assent to the criminal design. Conspiracy must be established as clearly and convincingly as the crime itself. Consequently, only the direct perpetrator, Sayaboc, was held criminally liable for the murder of Joseph Galam.