GR L 1650; (April, 1949) (Digest)
G.R. No. L-1650; April 29, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GORGONIO MACABUHAY, JUAN MACABUHAY, MAXIMO MACABUHAY, ALEJANDRO SALVADOR, and PERFECTO BACASNO, defendants-appellants.
FACTS
In Basey, Samar, on the evening of March 16, 1947, the five accused were making pilipig when a stone was thrown at them, nearly hitting Perfecto Bacasno. Believing the culprit was at a nearby house where Fidel Saborrido and others were having a song fest, the group went there. Perfecto Bacasno entered and demanded to know who threw the stone. After he left, Alejandro Salvador called Saborrido to come down. When Saborrido approached, he was suddenly seized and held by Perfecto Bacasno, Juan Macabuhay, Maximo Macabuhay, and Alejandro Salvador, while Gorgonio Macabuhay stabbed him with a bolo. Saborrido died from the wound. The accused were arrested that same night.
ISSUE
Whether all five accused are liable as co-conspirators for the murder of Fidel Saborrido.
RULING
Yes. The Supreme Court affirmed the murder conviction. All accused, animated by a common motive to avenge the stone-throwing, proceeded together to confront the group and simultaneously attacked the victim. Therefore, all are liable as co-principals under the principle of conspiracy. The penalty of life imprisonment was affirmed for all except Gorgonio Macabuhay, who, being a minor (under 18), was entitled to a mitigated penalty of 14 years and 8 months to 20 years of imprisonment. The court also affirmed the indemnity to the victim’s heirs.
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