GR L 38988; (October, 1984) (Digest)
G.R. No. L-38988 October 31, 1984
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAFAEL DALUSAG, PRIVADO DALUSAG, JORGE GOLFO, MAXIMO GOLFO, CATALINO TAFALLA, BERNABE TAFALDA, and PERFECTO RAMOS, defendants-appellants.
FACTS
The accused, including Mayor Rafael Dalusag, Chief of Police Privado Dalusag, and several police officers and civilians, were charged with murder for the killing of Fausto Hernandez, a security guard at a sugarcane plantation. On May 23, 1970, the accused arrived at the plantation in two Toyota jeeps. Witnesses, including the victim’s wife Leonora, saw Jorge Golfo, Teodoro Golfo, Maximo Golfo, Bernabe Tafalla, and Catalino Tafalla, all armed with long firearms, approach Hernandez. Jorge Golfo, without warning, fired successively at Hernandez, hitting him multiple times. The other armed companions fired their guns into the air. Mayor Dalusag, Chief of Police Dalusag, and Perfecto Ramos remained seated inside the jeeps, watching the incident. After the shooting, the group left together. The defense interposed alibi, claiming they were elsewhere during the incident.
ISSUE
Whether all accused are liable as conspirators for the crime of murder.
RULING
Yes. The Supreme Court affirmed the conviction for murder, qualified by treachery, and found conspiracy among all accused. The legal logic is that conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it, as defined in Article 8 of the Revised Penal Code. Conspiracy can be inferred from the conduct of the accused before, during, and after the crime, indicating a common purpose and concerted action. Here, the accused traveled together to the scene in two jeeps. While Jorge Golfo directly shot the victim, his armed companions fired into the air to intimidate bystanders, and the mayor and police officials remained in the vehicles, supervising and lending moral support. Their collective presence and coordinated actions demonstrated a unity of purpose and design. The trial court correctly noted that the presence of the mayor and police chiefs provided moral ascendancy and encouragement to the direct perpetrators. All participants performed specific, complementary acts to achieve the single criminal objective. The aggravating circumstances of use of motor vehicles and by a band were present, but for lack of the required votes, the penalty was reduced to reclusion perpetua. The indemnity was increased to P30,000.00.