G.R. No. 233194 , September 14, 2020
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALMAR LAGRITA Y FLORES AND REX MIER (ACQUITTED), ACCUSED. ARVIN ALBARAN, ACCUSED-APPELLANT.

FACTS

The prosecution established that on April 21, 2007, Reynald Giron was conversing with friends at a store when accused-appellant Arvin Albaran, Almar Lagrita, and Rex Mier arrived. Without provocation, Lagrita struck Giron on the nape with a piece of firewood, causing him to fall. Mier then warned Giron’s companions not to react, while Albaran stood by. Lagrita also attacked another companion, Lapuz, before all three fled. Giron died from intracranial hemorrhage. The defense presented a conflicting account, with Albaran claiming self-defense, alleging that Giron assaulted him first, prompting him to retaliate with the firewood.
The Regional Trial Court convicted Albaran and Lagrita of Murder, finding conspiracy and treachery, and acquitted Mier for reasonable doubt. The Court of Appeals affirmed the conviction. Albaran appealed to the Supreme Court, arguing the prosecution failed to prove conspiracy and the qualifying circumstance of treachery.

ISSUE

Whether the prosecution proved beyond reasonable doubt the existence of conspiracy and the qualifying circumstance of treachery to sustain Albaran’s conviction for Murder.

RULING

The Supreme Court acquitted Arvin Albaran. The Court found no conclusive proof of conspiracy. Conspiracy requires evidence that the accused had a common criminal design and cooperated in its execution. The prosecution evidence merely showed Albaran’s presence at the scene and his flight with the others after the attack. These acts, without more, do not constitute proof of a prior agreement or concerted action to kill Giron. Mere presence and flight are insufficient to establish conspiracy.
Furthermore, the qualifying circumstance of treachery was not proven. Treachery requires that the means of execution were deliberately adopted to ensure the attack without risk to the assailant. The prosecution’s own witness testified that the initial attack by Lagrita was sudden, but the medical findings showed the fatal blow was inflicted on the nape when the victim had turned his back. This sequence, as described, suggests the fatal blow may have occurred during a frontal altercation, which is inconsistent with a deliberate, surprise attack from behind. Thus, the qualifying circumstance for Murder was absent. The Court modified the conviction to Homicide but, due to the failure to prove Albaran’s individual participation as a principal by direct participation or conspiracy beyond reasonable doubt, acquittal was warranted.