GR L 14822; (September, 1960) (Digest)
G.R. No. L-14822; September 30, 1960
KHAW DY and CO CHIAN (alias SONIA), petitioners, vs. THE PEOPLE OF THE PHILIPPINES and THE HON. COURT OF APPEALS, respondents.
FACTS
Petitioners Khaw Dy and Co Chian (alias Sonia) were charged with murder. The Court of First Instance of Rizal convicted Khaw Dy as principal and Co Chian as an accomplice to homicide. On appeal, the Court of Appeals found both guilty as principals of homicide and modified the penalties. The Supreme Court reviewed the case via certiorari. The undisputed fact is that Ang Go Pia died on August 25, 1955, from stab wounds inflicted by Khaw Dy in the Malabon public market on August 23, 1955. The prosecution’s version, as accepted by both lower courts, established that after a brief altercation where Co Chian struck Ang with a balance, Khaw Dy joined the fight. When Ang fled, both petitioners pursued him. When Ang slipped, Co Chian held him by the hair, enabling Khaw Dy to stab him. After Ang got up and tripped again, Co Chian again held his hair, allowing Khaw Dy to inflict more stab wounds. The defense’s version, which claimed Ang was the initial aggressor with a knife, was rejected by the Court of Appeals as unworthy of credence.
ISSUE
Whether the Court of Appeals correctly found petitioners Khaw Dy and Co Chian guilty as principals of the crime of homicide.
RULING
Yes. The Supreme Court affirmed the finding of the Court of Appeals that both petitioners are guilty as principals of homicide. Their simultaneous act of pursuing the victim and Co Chian’s cooperation in holding the victim by the hair during the stabbing, with full awareness of Khaw Dy’s homicidal intent, demonstrated unity of action and purpose, establishing conspiracy. Both are therefore liable as principals. However, the Court modified the penalty. Considering there was provocation on the part of the deceased, the penalty for homicide was imposed in its minimum period. The indeterminate penalty was reduced to a minimum of six (6) years and one (1) day of prision mayor and a maximum of twelve (12) years and one (1) day of reclusion temporal. The decision of the Court of Appeals was affirmed in all other respects.