G.R. No. L-29598 July 26, 1973
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SANTIAGO CAJANDAB, MANUEL ONGRAY and PORFERIO MAGDARAOG, defendants-appellants.

FACTS

The appellants were convicted of murder for the killing of Alfonso Garcia. The incident occurred on January 26, 1965, in Allen, Samar. Earlier that day, appellant Manuel Ongray had challenged Garcia to a fight, which Garcia ignored. Later, Garcia left his sister’s house with Tomas de los Santos. Upon seeing them, Ongray and co-appellant Porferio Magdaraog gave chase. Garcia tripped at a gate and was restrained by Ongray (who pointed a revolver) and Magdaraog (who pinned him down). At this moment, appellant Santiago Cajandab arrived on a bicycle, dismounted, drew a bolo, and stabbed the defenseless Garcia, causing his death. Cajandab claimed self-defense, alleging Garcia attacked him first, but the trial court found this testimony not credible.
The prosecution established prior ill will between the deceased and the appellants, stemming from marital rivalry and past legal disputes. The amended information alleged conspiracy, treachery, evident premeditation, abuse of official position and superior strength, and employment of means to ensure impunity among all three accused.

ISSUE

The central issue is whether conspiracy existed among Santiago Cajandab, Manuel Ongray, and Porferio Magdaraog, making them all equally liable for the murder of Alfonso Garcia.

RULING

The Supreme Court ruled that no conspiracy was proven. Conspiracy requires a common design and concerted action towards the same unlawful objective. Here, while Ongray and Magdaraog clearly intended to confront and likely harm Garcia by chasing and restraining him, their actions did not demonstrate a preconceived plan with Cajandab to kill the victim. The record shows Cajandab’s fatal attack was sudden and unplanned relative to the other two appellants. Upon Cajandab’s unexpected stabbing, Ongray and Magdaraog released Garcia and fled, indicating they did not share Cajandab’s homicidal intent. Without conspiracy, criminal liability is individual.
Consequently, Santiago Cajandab is solely liable for murder. His attack on Garcia, who was pinned down and pleading for his life, was characterized by treachery (alevosia), qualifying the crime as murder. He is entitled to the mitigating circumstance of voluntary surrender. Applying the Indeterminate Sentence Law, his penalty is modified to an indeterminate sentence of 10 years and 1 day of prision mayor as minimum to 17 years, 4 months and 1 day of reclusion temporal as maximum, with the civil indemnity increased to P12,000.00.
Manuel Ongray and Porferio Magdaraog are acquitted. Their acts of pursuit and restraint, while hostile, did not directly cause injury and, absent conspiracy, do not constitute accomplice liability for murder. There was no proof they had knowledge of Cajandab’s criminal intention to kill. The judgment against them is reversed.