G.R. No. 97934 January 18, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PRIMO CAMADDO, SOTERO BANGIYAO AND SANTIAGO BALAE-OD, accused, PRIMO CAMADDO, accused/appellant.

FACTS

Appellant Primo Camaddo, together with Sotero Bangiyao and Santiago Balae-od, were charged with Murder before the Regional Trial Court of Tabuk, Kalinga-Apayao. The information alleged that on or about February 3, 1990, in Calaccad, Tabuk, Kalinga-Apayao, the accused, conspiring and confederating, with treachery and evident premeditation, taking advantage of superior strength and using high-powered firearms, shot and killed Catalino Baculi. All accused pleaded not guilty. After trial, the court found all three guilty beyond reasonable doubt of Murder and sentenced each to Reclusion Perpetua, with indemnity of P30,000.00 to the victim’s heirs. Camaddo filed a motion for reconsideration, which was denied, prompting this appeal.
The facts, as summarized, are: Appellant Camaddo and Sotero Bangiyao were CAFGU members, and Santiago Balae-od was a civilian; all belonged to the Suyang Tribe, which had a conflict with the victim’s Naneng tribe. On February 3, 1991, the victim Catalino Baculi, his brother Romeo, and sister-in-law Reynalda attended a wedding feast in Cugawe, where the accused were also present. Camaddo was carrying an M-14 rifle. Catalino became intoxicated and rowdy, disrupting the ceremony, and was brought home to Macacabet. The attendees, including the accused, were offended by his behavior. The accused did not accost him at the feast but later decided to follow him to Macacabet. Camaddo and Bangiyao were armed, and Balae-od was carrying Camaddo’s M-14 rifle. At the victim’s house, Balae-od, with anger apparent, required Catalino to return to Cugawe to settle the dispute. Catalino, still intoxicated, agreed. Reynalda and Ollo Magwaki accompanied them. During the walk back, Camaddo and Magwaki led, while Balae-od, Catalino, Reynalda, and Bangiyao followed. Catalino, sensing danger, pleaded for his life. At a distance about 400 meters from the house, Bangiyao held Reynalda’s arm, and Balae-od shot Catalino with the M-14 rifle. Despite Catalino being wounded, Bangiyao fired his garand rifle at him, killing him. The accused then fled.

ISSUE

Whether the trial court gravely erred in convicting accused-appellant Primo Camaddo of Murder based on a finding of conspiracy.

RULING

The Supreme Court AFFIRMED the trial court’s decision with modification. The Court held that conspiracy was established beyond reasonable doubt. Conspiracy need not be proven by direct evidence but can be inferred from the conduct of the accused before, during, and after the crime. The indicia of conspiracy included: Camaddo attended the feast fully armed; the accused were offended by the victim’s behavior but waited for an opportune time to confront him; before going to Macacabet, Camaddo delivered his M-14 rifle to Balae-od, a civilian; during the walk, the victim pleaded for his life, but Camaddo, though nearby, did not attempt to stop Balae-od from shooting; and Camaddo’s rifle was the weapon used to kill the victim. The Court ruled that Camaddo’s presence, failure to prevent the shooting, and provision of his firearm evidenced a conspiratorial design. It is not necessary for a co-conspirator to take a direct hand in the commission; conspiracy implies common design. The trial court’s findings on facts and witness credibility are accorded respect. The qualifying circumstance of treachery was present as the victim was defenseless. The aggravating circumstances of abuse of superior strength and abuse of authority (as CAFGU members) were properly appreciated. The penalty of Reclusion Perpetua was correct, but the civil indemnity was increased from P30,000.00 to P50,000.00.