G.R. No. 84274 January 27, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GITO MAGALANG, ANDRONICO MAGALANG, BENJAMIN alias MABINI ANTONIO, JOVINO IBAÑEZ and DOMINADOR alias “EPOY” RAÑA, CELSO alias “ANSING” RAMIREZ, ONDON RAMIREZ, DIOVANI alias “CANO” MAGALANG, ESTEBAN CAPINIG and SANDY CARMEN, accused-appellants.

FACTS

Ten persons were charged with the murder of Jaime Ortega. Five were at large, and the other five, including accused-appellant Benjamin Antonio, pleaded not guilty and were convicted after trial. Four co-accused withdrew their appeals, leaving only Antonio to protest his innocence. On the evening of March 11, 1985, Jaime Ortega was with Jimmy Baliola and Widden Desustrings at a camarin in Masbate. When Baliola and Desustrings briefly left, they saw ten accused persons arrive. Ortega beamed a flashlight on them, whereupon Gito Magalang and Diovanni Magalang fired at him, causing him to fall. Another man beat Ortega with a piece of wood. Ansing Ramirez and Ondon Ramirez then carried the victim downstairs. Benjamin Antonio suggested burying him, and Andronico Magalang said he should be beheaded. Upon a reminder that Ortega had two companions, Baliola and Desustrings escaped. Two months later, Baliola reported the killing. Five accused, including Antonio, were arrested; Antonio tried to escape but was caught. The Magalangs and Antonio pointed to the burial site, where Ortega’s decomposing, nearly beheaded, and mutilated body was exhumed and identified. At trial, Antonio claimed he was fishing at sea at the time, but the trial court disbelieved him based on the positive identification by Baliola and Antonio’s conduct during and after arrest.

ISSUE

1. Whether accused-appellant Benjamin Antonio participated in the murder of Jaime Ortega.
2. If so, whether he should be considered a conspirator with his co-accused.

RULING

1. Yes, the Supreme Court sustained the trial court’s factual finding that Antonio participated in the killing. The trial judge’s assessment of witness credibility, including the positive identification by Baliola and Antonio’s conduct (attempting to escape arrest and pointing to the burial site), was deemed conclusive absent arbitrariness or malice.
2. Yes, Antonio was involved in the conspiracy to kill Ortega. Conspiracy exists when two or more persons agree to commit a felony and decide to commit it, provable through a series of acts in pursuance of a common unlawful purpose. The group arrived together, two shot Ortega, another beat him, two carried the body, and Antonio suggested burying the victim. These concerted acts established collective responsibility. All conspirators are liable as co-principals regardless of the extent of participation, as the act of one is the act of all. Thus, even if Antonio did not inflict the fatal blows, he is equally liable. The crime is murder qualified by treachery, as Ortega was attacked without warning. The penalty of reclusion perpetua imposed by the trial court is affirmed. The appeal is dismissed.