GR 154502; (April, 2007) (Digest)
G.R. No. 154502; April 27, 2007
Emmie Resayo y Cruz, Petitioner, vs. People of the Philippines, Respondent.
FACTS
Petitioner Emmie Resayo and his co-accused were charged with Homicide and Frustrated Homicide for the stabbing of Roberto Aguinaldo and Alfredo Braga on February 5, 1989, in Taguig. The prosecution’s version, based on eyewitness Dionisio Esteban, was that the stabbings were perpetrated by Larry Reyes, the brother of co-accused Ricardo Reyes. Esteban testified that he saw Larry stab Aguinaldo (the blow hitting Braga) and then stab Aguinaldo again, causing his death. He did not see petitioner Resayo inflict any wounds. The defense presented an alibi, claiming Resayo was elsewhere during the incident.
The Regional Trial Court convicted Resayo, finding conspiracy among the accused. The Court of Appeals affirmed the conviction. Resayo appealed to the Supreme Court, arguing the prosecution failed to prove his guilt and participation beyond reasonable doubt.
ISSUE
Whether the prosecution proved beyond reasonable doubt that petitioner Emmie Resayo conspired to commit the crimes of Homicide and Frustrated Homicide.
RULING
The Supreme Court partially granted the petition. It acquitted Resayo of Frustrated Homicide but sustained his conviction for Homicide. The Court held that conspiracy must be proven as clearly as the crime itself. For Frustrated Homicide, the evidence was insufficient to establish Resayo’s conspiracy in the stabbing of Braga. The eyewitness account solely implicated Larry Reyes in that act, with no showing of Resayo’s direct participation or prior agreement to stab Braga.
However, for the Homicide of Aguinaldo, the Court found sufficient evidence of conspiracy. The factual backdrop showed that Resayo and his group earlier confronted the victims’ group at a party. Later, they were seen together armed with knives chasing the victims immediately before the fatal stabbing. This collective and simultaneous pursuit of the victims, under the circumstances, demonstrated a community of criminal purpose. Conspiracy can be inferred from the conduct of the accused before, during, and after the crime, showing they acted in concert toward a common goal. Thus, Resayo’s presence and participation in the armed chase rendered him equally liable for the resulting killing of Aguinaldo, even if Larry Reyes delivered the fatal blow. The Court modified the civil indemnity awards accordingly.