G.R. Nos. 95232 & 95592. January 31, 1992.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RENATO LINSANGAN, JR., MARIO CASTRO, JR., GERARDO CAYANGA and EDUARDO LINSANGAN, accused-appellants.

FACTS

Accused-appellants Eduardo Linsangan and Mario Castro, Jr., along with Renato Linsangan, Jr. and Gerardo Cayanga, were charged with Murder for the killing of Fernando de Guzman on November 15, 1987, in Bongabon, Nueva Ecija. The information alleged that Renato hacked the victim with a bolo while Eduardo embraced him, and Mario and Gerardo were armed with stones. Renato remained at large, and Cayanga was discharged to become a state witness. After separate trials, the Regional Trial Court convicted Eduardo and Mario of murder and sentenced them to reclusion perpetua.
The prosecution evidence established that on the evening of the incident, the four accused fetched Fernando de Guzman from a plaza where he was watching a basketball game. Witness Daniel Fernando saw the three companions hold Guzman by the shoulder in an “akbay-akbay” manner while Renato hacked him. The victim’s widow, Angelita de Guzman, testified she saw her husband being “ganged up” by all four accused and specifically saw Eduardo hit him with a stone. The autopsy report by Dr. Mario Cajucom confirmed contused wounds consistent with being struck by a blunt object like a stone, alongside fatal incised bolo wounds.

ISSUE

Whether the accused-appellants Eduardo Linsangan and Mario Castro, Jr. are guilty of Murder, considering the sufficiency of evidence proving conspiracy.

RULING

Yes, the Supreme Court affirmed the conviction. The legal logic centers on the conclusive proof of conspiracy. Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it, as demonstrated by their coordinated actions. Here, the collective actions of the accused—fetching the victim together, holding him by the shoulder to prevent escape, and the simultaneous attack involving hacking and stoning—clearly indicate a common purpose to kill. The Court emphasized that conspiracy can be inferred from the conduct of the accused before, during, and after the crime, which collectively points to a joint criminal design.
Consequently, once conspiracy is established, the act of one is the act of all. Each conspirator is liable for the crime to the same degree, regardless of their individual participation. Thus, both Eduardo (who used a stone) and Mario (who, by conspiracy, is equally liable for the collective acts leading to the killing) are guilty of Murder. The Court also correctly disregarded the widow’s subsequent affidavit of desistance, as it was executed after her testimony and cannot override the established facts of the case. The penalty of reclusion perpetua was affirmed.