PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee

Vs.
JAVIER MORILLA Y AVELLANO, Accused- Appellant
G.R NO. 189833
Facts:
- On October 15, 2001, accused-appellant Javier Morilla y Avellano, co-accused Ronnie Mitra y
Tena, Willie Yan y Yao and Tuel Dequilla y Regodan, who all belong to a syndicate crime group
as they are engaged in helping one another to steal two vehicles, an ambulance and Starex van,
and use it to transport illegal drugs weighing more than five hundred kilos, mainly
methamphetamine hydrochloride commonly known as shabu, from Quezon to Manila.
- Both Dequilla and Yang are both acquitted due to the prosecution’s failure to present sufficient
evidence to convict them of the offense charged.
- Morilla claimed that he thought that he what he was transporting was wooden tiles and electronic
spare parts, having no knowledge that it was illegal drugs. The court dismissed Morilla’s claim.
- Both vehicles passed a checkpoint, and were investigated/checked by the police officers and saw
the sacks of illegal drugs.
- The appellate court dismissed the accused’s argument of lack of knowledge.
Issue:
- Whether or not both accused are convicted for conspiracy
Ruling/Held:
- Yes. According to Article 8 of the Revised Penal Code, there is conspiracy when two or more
persons agree to commit a crime and decide to commit it, thus the collective acts of the accused
and co-accused before, during and after the commission of the crime is enough evidence to be
held criminal liable for the act committed. Both accused were aware of the act for they were on
convoy from Quezon to Manila and were also both aware of the sacks of shabu loaded in the
vehicles.
Wherefore, the petition is denied and the Decision of the Court of Appeals in CA-G.R CR-H.C is
Affirmed with modification with respect to the penalty be imposed as Reclusion Perpetua instead
of Life Imprisonment and payment of fine of 10,000,000.00 by each of the accused.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
Vs.
ESTANLY OCTA y BAS, Accused-Appellant.
G.R No. 195196
Facts:
- Convicting accused-appellant, Estanly Octa y Bas is guilty beyond reasonable doubt of the crime
of kidnapping for ransom.
- On September 25, 2003, Johnny Corpuz and his brother Mike Adrian were on board a Honda
civic, when they were blocked by a Mitsubishi lancer car. Johnny did not open any of their door
but was forced because one of the armed men fired against their window.
- Johnny was handcuffed and was forced to tell him his personal details, both victims were brought
to a safehouse, wherein one of the men called Johnny’s wife, Ana Marie, telling her that they have
her husband and his husband’s brother. They started demanding for a total of 2o million pesos in
exchange of Johnny and Mike. However, Ana Marie was able to raise the amount to 538,000.00
pesos.
- The kidnappers then set up a meeting with Ana Marie and with the accused. Ana Marie claimed
that the man who were ordered to receive the money was wearing a red cap, was good looking,
lightly built, was in his early 20’s, around 5’4” and with dimples, where she later on was able to
identify as Estanly Octa.
- Johnny as his brother was released after 6 days.
Issue:
1. Whether or not the accused is liable for conspiracy.
2. The trial court gravely erred in finding him to be a conspirator to the crime charged.
Ruling/Held:
- Yes. Estanly Octa is liable for conspiracy. Thus, conspiracy exists when two or more people is
engaged in an agreement concerning the commission of a felony and decide to commit it. The
accused agreed to take the money from Ana Marie, and when he took the money from her the
kidnapping was still on going.
Wherefore, the appeal is dismissed. The Decision of the Court of Appeals in CA-G.R CR.-HC
No. 03490 is Affirmed with Modification. Accused-appellant is sentenced to suffer the penalty of
reclusion perpetua and ordered to pay 538,000.00 as actual damages and 100,000.00 as moral
damages, and 100,000.00 as exemplary damages.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
Vs.
MARCELINO DADAO, ANTONIO SULINDAO, EDDIE MALOGSI (deceased) and ALFEMIO
MALOGSI, Accused-Appellants
G.R No. 201860
Facts:
- Convicted appellants, Marcelino Dadao, Antonio Sulindao, Eddie Malogsi and Alfemio Malogsi
are charged with felony of murder under Article 248 of the Revised Penal Code.
- On July 11, 19uy7gh93, the convicted appellants helped one another to commit and with intent to
kill, by means of treachery, which they were armed with firearms and bolos, criminally attacked,
assaulted and shot Pinio Yacapin, hitting his left leg and back which inflicted wounds to his body
that caused his death.
- All witnesses from Pinio’s side, his two stepson and widow, were all the same, claiming that they
saw all the accused helping each other, with the use of firearms and bolos and shooting and
killing the victim.
Issue:
1. Whether or not the witnesses’ testimonies of the deceased victim are credible enough to be
worthy of belief.
2. Whether or not Eddie Malogsi is guilty of the crime charged had become irrelevant because even
assuming that he did incur criminal liability.
Ruling/Held:
1. The witnesses of the victim, were able to give enough evidence regarding the crime committed by
the appellants, all witnesses were also able to give the same information on what happened and
how it happened that day. On the other hand, the witnesses of the appellants was not able to
support and was not able to give enough information and claims on what happened on that day.
2. Yes. Eddie Malogsi is guilty of the crime charged. Because article 8 of the revised penal code
states that there is conspiracy when two or more person come to an agreement concerning the
commission of a felony and decide to commit it. Thus, each and every one of the conspirators is
criminally liable for the crime committed. Wherein it does not matter if Eddie did not inflict the
wound, as the act of one is the act of all.
Wherefore, the Decision of the Court of Appeals in CA-G.R CR.-H.C No. 00364 is Affirmed with
Modifications.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
Vs.
RESTITUTO CARANDANG, HENRY MILAN AND JACKMAN CHUA, Accused-Appellants
G.R. No. 175926
Facts:
- Appellant, Restituto Carandang is charged with two counts of murder and one count of frustrated
murder.
- On April 5, 2001 Restituto together with Henry Milan and Jackman Chua, helped one another,
with an intent to kill, attacked, assaulted and employed personal violence against PO2 Dionisio
Alonzo y Salgo, shooting him several times, hitting different parts of his body, which caused his
death.
- Also on April 5, 2001 Restituto together with Henry Milan and Jackman Chua, helped one
another, with an intent to kill, attacked, assaulted and employed personal violence against SPO2
Wilfredo Red y Pilar, shooting him several times, hitting different parts of his body, and when he
fell to the ground, appellants placed a hand grenade under his body which caused an explosion
and caused his death.
- And again on April 5, 2001 Restituto together with Henry Milan and Jackman Chua, helped one
another, with an intent to kill, attacked, assaulted and employed personal violence against SPO1
Wilfredo Montecalvo y Dalida, shooting him in his neck which caused mortal injuries, however
the crime was not completed because Dalida was able to receive medical treatment.
Issue:
- Whether or not Milan and Chua are charged with conspiracy.
Ruling/Held:
- Yes. Milan and Chua are in conspiracy with Carandang due to the acts that they committed
separately. Wherein, Milan closed the door when he found out that they were police officers and
for Chua shouting and ordering the two, “Sugurin mo na!”
Article 8 of the Revised Penal Code states that where there is conspiracy, evidence as to who
among the accused rendered the fatal blow is not necessary. All conspirators are liable as co-
principles regardless of the intent and the character of their participation, because the act of one is
the act of all. Thus, Mila and Chua are charged with conspiracy, for their acts completed the
commission in committing the said crime.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
Vs.
ARNOLD GARCHITORENA Y CAMBA a.k.a JUNIOR; JOEY PAMPLONA a.k.a NATO and JESSIE
GARCIA Y ADORINO, Accused-Appellants
G.R. No. 175605
Facts:
- Accused-appellants Arnold Garchitorena, Joey Pamplona and Jessie Garcia are guilty beyond
unreasonable doubt of murder.
- On September 22, 1995 the accused-appellants were together, helping one another with an intent
to kill, attacked, assaulted and stabbed Mauro Biay y Almarinez, inflicting several wounds to
different parts of his body which caused his death.
- Dulce Borero, elder sister of Mauro testified and claimed that, both her and Mauro were selling
balut before the incident happened. Maura was seven arms length away from her when accused
Jessie called him, the latter twisted his hand and the two appellants began to strangle him and stab
him repeatedly, causing several wounds which led to his death.
Issue:
- Whether or not Jessie Garcia is charged with conspiracy.
Ruling/Held:
- Yes. Jessie was the one who called Mauro, doing the first act to complete the requisites for the
crime. He also made the first move, which was twisting Mauro’s hand. Therefore, Jessie is
charged with conspiracy. As article 8 of the revised penal code states that, conspiracy exists when
two or more persons come to an agreement concerning the commission of a felony and decide to
commit it and that where there is conspiracy, evidence as to who among the accused rendered the
fatal blow is not necessary. All conspirators are liable as co-principles regardless of the intent and
the character of their participation, because the act of one is the act of all. Thus, Jessie is also
liable for the crime committed.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
Vs.
DANILO FELICIANO, JR., JULIUS VICTOR MEDALLA, CHRISTOPHER SOLIVA, WARREN L.
ZINGAPAN, and ROBERT MICHAEL BELTRAN ALVIR, Accused-Appellants
G.R. No. 196735
Facts:
- Accused-appellants are charged with murder, that on or about December 8, 1994, the accused-
appellants were wearing masks as a disguise, helping one another with an intent to kill, qualified
with treachery, taking advantage with superior strength, who was also armed with baseball bats,
lead pipes, and cutters, attacked, assaulted and hit Dennis Venturina, which caused severe and
mortal injuries which resulted to his death.
- The accused-appellants and the victim were engaged in a fraternity.
Issue:
- Should the accused-appellants be charged with murder and is there conspiracy involved?
Ruling/Held:
- Yes. According to article 8 of the revised penal code, there is conspiracy when two or more
persons agree to commit a crime and decide to commit it, thus the collective acts of the accused
and co-accused before, during and after the commission of the crime is enough evidence to be
held criminal liable for the act committed. The accused-appellants are criminally liable for
murder for they have planned and conspired on hitting, attacking and assaulting with an intent to
kill, the victim Dennis. There is also conspiracy for all have planned and had an agreement on
attacking the victim.
PEOPLE OF THE PHILIPPINES, Appellee
Vs.
FRANCISCO JUAN LARRANAGA ALIAS “PACO”, JOSMAN AZNAR; ROWEN ADLAWAN ALIS
‘WESLEY’, ALBERTO CA O ALIAS “ALLAN PAHAK”; ARIEL BALANSAG; DAVIDSON
VALIENTE RUSIA ALIAS “TISOY TAGALOG’; JAMES ANTHONY UY ALIAS “WANGWANG”,
and JAMES ANDREW UY ALIAS “MM”, Appellants
G.R. Nos. 138874-75
Facts:
- Appellants are guilty beyond unreasonable doubt of the crimes of kidnapping and serious illegal
detention.
- The case involves kidnapping and illegal detention of a college beauty queen and her sister. The
act committed also includes gang rape and followed by murder.
- On July 16, 1997, the victims, Marijoy and Jacqueline were kidnapped and gang raped by the
appellants, Marijoy was found dead at a cliff, handcuffed and her face covered with masking tape.
His sister Jacqueline, was missing.
- One of the accused, Davidson Rusia surrendered himself and confessed that he is one of the
people who committed the crime, he then identified all the people who was also involved in the
crime.
- Rusia claimed that he along with Rowen and Josman forced the Chiong sisters into their car and
drove off to Tan-awan, and was convoyed by Paco James Anthony and James Andrew.
- They left the car which was used by Paco at the South Bus Terminal, after parking the other cars,
they drank and took pot, later on they took turns in raping Marijoy and Jacqueline.
- The appellants dumped Marijoy’s body into a cliff and made fun of Jacqueline and beat her until
she passed out.
- However, Paco claimed that he was at Quezon City when the incident happened, he was taking
his mid-term examinations and that he attended his teacher’s lecture. He also claimed that in the
evening up until 3:00 in the morning, he was out with his friends drinking.
- Some of the witnesses also claimed that Paco did not leave Manila on that day, that even the
security guard in his condominium saw him on that day.
Issue:
- Whether or not Paco is criminally liable for the crime committed and if there is conspiracy
involved.
Ruling/Held:
- No. Paco is not criminally liable for the act committed and there is no conspiracy involved.
Because, during the time of the incident, Paco was far from the scene. As article 8 of the revised
penal code states that conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it. In this case, Paco did not know
anything about the crime nor the plan of in committing the felony, for the only thing that he was
concerned of is his examinations.