GR L 33431; (June, 1983) (Digest)
G.R. No. L-33431 June 28, 1983
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GORGONIO DRILON, JR., defendant, NICOLAS LOBATON, defendant-appellant.
FACTS
The accused, Gorgonio Drilon, Jr. and Nicolas Lobaton, both soldiers, along with two civilians discharged as state witnesses, were charged with the murder of Rafaelito Neri, Jr. The trial court convicted both Drilon and Lobaton, sentencing them to reclusion perpetua. Drilon’s appeal was later dismissed, leaving Lobaton as the sole appellant. The prosecution evidence established that on the evening of February 14, 1967, the victim Neri was on a date with Esterlita Paca. Their parked Volkswagen was approached by a group of four men, including Drilon and Lobaton, who were armed. After Neri started the car to drive away, shots were fired, fatally wounding him. The defense presented a different version of events, but the trial court credited the prosecution’s narrative.
ISSUE
The core issue is whether appellant Nicolas Lobaton can be held criminally liable as a co-conspirator for the murder committed by his co-accused, Gorgonio Drilon, Jr.
RULING
The Supreme Court acquitted Nicolas Lobaton. The ruling hinged on the absence of conclusive proof of conspiracy to commit murder. While the group was together, armed, and approached the victim’s car, these facts alone do not establish a common design to kill. The Court found the killing was not the product of a preconceived plan. The evidence showed Drilon’s act of shooting was sudden and unilateral. Immediately after the first shot, state witness Iraque pleaded with Drilon to stop, and later, Lobaton himself questioned Drilon, who explained he fired because the car started to move. These spontaneous reactions indicate Drilon’s companions were caught by surprise, negating a prior agreement to kill. Following jurisprudence, where conspiracy is not proven, a person cannot be held liable for the criminal act of another. Since the information specifically alleged murder qualified by treachery, and conspiracy to commit such crime was not established beyond reasonable doubt, Lobaton’s criminal liability for murder did not arise. The judgment was modified to acquit him.