G.R. No. L-21469 June 30, 1967
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MELCHOR TIVIDAD, DELFIN TIVIDAD, FULGENCIO TIVIDAD and FRUCTUOSO TIVIDAD, defendants-appellants.

FACTS

On February 14, 1961, during a cockfight co-sponsored by Regino Murillo and Delfin Tividad, a dispute arose between bettors. After failing to settle the argument, Murillo announced he would stop the cockfight and left the arena. Melchor Tividad followed Murillo and struck him, leading to a grapple where Murillo, who was bigger and armed with a bolo, pinned the smaller Melchor to the ground. Delfin Tividad then ran out and stabbed Murillo in the back, neck, and breast. While Murillo was on the ground, Melchor hacked him with Murillo’s own bolo. Subsequently, Fulgencio Tividad struck Murillo on the head with a piece of bamboo, and Fructuoso Tividad hit Murillo’s left arm with a bamboo pole. Murillo died from his wounds. The four Tividad brothers were charged with murder. The trial court convicted all four of murder qualified by treachery and sentenced them to life imprisonment. Melchor Tividad later withdrew his appeal. The remaining appellants denied participation, claiming only Melchor fought Murillo in self-defense, a claim contradicted by the autopsy report showing wounds from different weapons (bolo, knife, blunt instrument) and by prosecution eyewitnesses.

ISSUE

Whether conspiracy existed among the Tividad brothers to hold them all equally liable for the crime of murder.

RULING

The Supreme Court ruled that conspiracy was not proven. The evidence did not show a prior agreement or common design to kill Murillo. Their simultaneous presence at the cockfight was a normal communal activity, and their departure together was due to being neighbors, not proof of conspiracy. The brothers, except Delfin, were unarmed; Fulgencio and Fructuoso used bamboo poles picked up from the ground during the incident. The attack was not premeditated but arose from the sudden quarrel. Consequently, each accused is liable only for his own acts. The Court affirmed the murder conviction for Delfin Tividad, as he treacherously stabbed Murillo while the latter was pinned down. Fulgencio and Fructuoso Tividad were found guilty only of slight physical injuries for hitting Murillo with bamboo, as the extent of injury from their acts was not proven to be serious. Melchor Tividad’s conviction became final upon the dismissal of his appeal. The indemnity to Murillo’s heirs was imposed jointly and severally on Melchor and Delfin only.