GR 35071; (August, 1931) (Digest)
G.R. No. 35071; August 27, 1931
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. BLAS ORTIZ and MODESTA ZAUSA, defendants-appellants.
FACTS
The defendants, Blas Ortiz and Modesta Zausa, were charged with homicide for the killing of Sotero Bancoyo on September 8, 1930, in Pilar, Capiz. The prosecution evidence established that the deceased, while thirsty, approached the defendants’ house to ask for water. An argument ensued when Ortiz refused. Ortiz then descended from the house pointing a shotgun at Bancoyo, leading to a struggle between them over the weapon. During this struggle, Zausa took a bamboo spear, rushed down, and stabbed Bancoyo in the abdomen, causing a fatal wound from which he died that night. The defense claimed self-defense and that the shotgun belonged to the deceased, but the trial court rejected this and convicted both defendants.
ISSUE
Whether both appellants are criminally liable for the homicide, particularly whether there was a conspiracy or common criminal design between them.
RULING
The Supreme Court acquitted Blas Ortiz but affirmed the conviction of Modesta Zausa. The Court found no evidence of a prior plan or agreement (conspiracy) between Ortiz and Zausa to kill Bancoyo. Ortiz’s act of pointing the shotgun, while aggressive, did not result in any injury, and Zausa’s independent act of stabbing with a spear occurred suddenly during the struggle without Ortiz’s participation or prior concert. Applying precedent, criminal liability for a co-accused’s act requires proof of conspiracy or common design, which was absent here. Thus, Ortiz incurred no criminal liability. Zausa was properly convicted of homicide and sentenced to reclusion temporal (14 years, 8 months, 1 day), with indemnity and costs.
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