GR L 31106; (May, 1974) (Digest)
G.R. No. L-31106 May 31, 1974
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BENEDICTO CORTEZ, LEOPOLDO AGUARINO, DOMINGO TOMOLOG, SALCEDO TOMOLOG, and VICENTICO TOMOLOG, defendants, LEOPOLDO AGUARINO and VICENTICO TOMOLOG, defendants-appellants.
FACTS
The accused were charged with the murder of Ludovico Tapic on August 21, 1964, in Makato, Aklan. The prosecution evidence, primarily from the victim’s wife Angelina Tapic and witness Rodrigo Puod, established that Benedicto Cortez, after having lunch with the victim, stabbed him following a conversation about killing for money. Angelina testified that immediately after the stabbing, she saw appellants Vicentico Tomolog, along with Salcedo and Domingo Tomolog, fleeing from the scene towards barrio Agbalogo. Rodrigo Puod corroborated this, stating that upon arriving at the scene after hearing shouts, the victim nodded towards a direction where he saw Cortez and Aguarino fleeing one way, and the Tomologs fleeing another.
ISSUE
The core issue is whether appellant Vicentico Tomolog’s guilt for the crime of murder, through conspiracy, was proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction. The Court found that conspiracy was sufficiently established. The simultaneous flight of Vicentico Tomolog and his companions from the crime scene immediately after the stabbing, as positively identified by two eyewitnesses, constitutes circumstantial evidence of joint purpose and community of design. This collective action points to their participation in a common criminal enterprise. The Court emphasized that conspiracy need not be proven by direct evidence but can be inferred from the conduct of the accused before, during, and after the commission of the crime. Vicentico’s defense of alibi was rightly rejected by the trial court. He claimed to be repairing a house in the same barrio at the time, but the Court found this story unconvincing and noted the place was not so far as to make his presence at the crime scene physically impossible. Positive identification by credible witnesses prevails over a weak alibi. Since conspiracy was proven, the act of the principal, Benedicto Cortez, is imputable to all conspirators. Consequently, Vicentico Tomolog is equally liable for the murder of Ludovico Tapic. The penalty of reclusion perpetua and the award of indemnity were affirmed.