G.R. No. L-32072 July 25, 1983
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFONSO AQUIATAN, JAIME LIMPIADO and SIMPLICIO ABAYON, accused. SIMPLICIO ABAYON, accused-appellant.

FACTS

The accused, all members of the San Antonio police force, were charged with Murder for the killing of Aquillano Rodrigo on April 13, 1968. The prosecution evidence established that in the evening, accused Simplicio Abayon, together with co-accused Alfonso Aquiatan and Jaime Limpiado, went to Sitio Pongdol to locate Rodrigo. Abayon was heard stating, “If we can locate Aking, he will have his small pox by this riot,” referring to Rodrigo and his riot gun. Upon finding Rodrigo in a house, Aquiatan ordered the occupants not to run. Abayon and Limpiado then each held one of Rodrigo’s hands and raised them. Abayon told Aquiatan to shoot, assuring him nothing would happen as they were “instructed by the Mayor.” Aquiatan then shot Rodrigo, who died the next day.
The accused Alfonso Aquiatan admitted the shooting but claimed self-defense. He testified that earlier that afternoon, he intervened in a quarrel involving Rodrigo, who then challenged his authority as a “bogus policeman” and boxed him. Aquiatan claimed he later returned with Abayon and Limpiado under orders to bring Rodrigo before the mayor, and the shooting occurred when Rodrigo allegedly resisted arrest.

ISSUE

The core issue is whether accused-appellant Simplicio Abayon is guilty of Murder, considering his defense and the claim of absence of conspiracy.

RULING

The Supreme Court affirmed the conviction of Simplicio Abayon for Murder. The Court upheld the trial court’s rejection of Aquiatan’s claim of self-defense. For self-defense to be valid, unlawful aggression must be present, continuous, and imminent. The alleged aggression by Rodrigo—boxing Aquiatan—had already ceased earlier that afternoon when Aquiatan retreated and sought reinforcements. The shooting hours later in a different location was not a continuous act of aggression, thus negating self-defense.
Crucially, the Court found conspiracy among the accused, making Abayon equally liable as principal by direct participation. Conspiracy exists when two or more persons act with a common purpose to commit a crime, deducible from their collective actions. The evidence clearly shows concerted action: the three policemen went together to locate Rodrigo; Abayon declared his intent to harm Rodrigo on the way; upon finding him, Abayon and Limpiado physically restrained Rodrigo by holding his arms; and Abayon explicitly instructed Aquiatan to shoot. This coordinated conduct demonstrates a common criminal design to kill Rodrigo. Therefore, Abayon, by his indispensable acts of instigation and physical restraint which ensured the victim’s helplessness, is liable as a co-conspirator. The penalty of reclusion perpetua was affirmed, with the modification of crediting his full preventive imprisonment.