GR 93926 28; (July, 1994) (Digest)
G.R. No. 93926 -28 July 28, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SEGUNDO MANUEL, LUCILA MANUEL, JOHN DOE and PETER DOE, accused. LUCILA MANUEL, accused-appellant.
FACTS
Accused-appellant Lucila Manuel and her cousin-lover Segundo Manuel were charged for the murder of Jesus Tolentino, Jr. and Dominador Santos on March 20, 1985. The trial court found both guilty. Segundo Manuel was convicted of double murder and illegal possession of firearms. Lucila Manuel was convicted as a principal for the murder of Tolentino and sentenced to life imprisonment. Segundo escaped custody. Lucila appealed. The prosecution’s version, based on witness Teresa Manuel, was that Lucila left with Tolentino, Santos, and Segundo on the night of the killing and returned later with Tolentino’s bag. Lucila denied this, testifying she went to bed and later learned from Segundo that he killed the victims in self-defense. Segundo initially exonerated Lucila but later testified on cross-examination that she was present during the killings and helped hide Tolentino’s bag.
ISSUE
The main issue is whether the prosecution proved beyond reasonable doubt that Lucila Manuel conspired with Segundo Manuel in the killing of Jesus Tolentino, Jr., thereby making her liable as a principal.
RULING
The Supreme Court modified the trial court’s decision. It found that conspiracy was not proven beyond reasonable doubt. The evidence did not establish that Lucila performed acts with a common criminal design to kill Tolentino. However, the Court found her liable as an accomplice. Her act of asking Teresa to call Tolentino to arrange a meeting on the night of the crime, knowing Segundo’s jealousy and his possession of a gun, constituted cooperation in the execution of the offense through a previous act. The killing was classified as homicide, not murder, as the qualifying circumstances of treachery and evident premeditation were not proven. The Court sentenced Lucila to an indeterminate penalty of 5 years of prision correccional to 9 years and 4 months of prision mayor as an accomplice to homicide and increased the civil indemnity to P50,000.00.