G.R. No. 175605.

August 28, 2009

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARNORLD GARCHITORENA Y CAMBA A.K.A JUNIOR, JOEY PAMPLONA A.K.A NATO AND JESSIE GARCIA Y ADORINO, accused-appellants

Facts: September 22, 1995, at around 9:00 in the evening, Dulce Borero along with his brother Mauro Biay y Almarinez was selling balut at Sta. Inez Almeda Subdivision, Brgy. Dela Paz, Bian, Laguna. Dulce Borero was about seven (7) arms length away from her brother Mauro Biay. Accused Jessie Garcia called Mauro Biay and as Mauro Biay approached Jessie, the latter twisted the hand of Mauro and Jessies companions (co -accused) Arnold Garchitorena and Joey Pamplona began stabbing Mauro repeatedly with a shiny bladed instrument. Witness saw her brother Mauro struggling to free himself while being stabbed by the (3) accused, until her brother slumped face down on the ground. Arnold instructed his two co-accused to run away. Borero claims she wanted to shout but nothing came out from her mouth. Witness went home to call for her elder brother Teodoro Biay, but when they return to the scene the victim was no longer there as he had been brought to the Perpetual Help Hospital. Trial Court: Guilty, Court of appeals: Affirmed, Supreme Court: Affirmed and Modifications

Defense: Joey Pamplona denied that he participated in the stabbing Jessie Garcia defense of alibi Arnold Garchitorena defense of insanity Issue/s: Is there conspiracy shown in the case? (Art. 8 RPC)

Held: Yes, accuse appellants were together in performing the concerted acts in pursuit of their common objective. Jessie Garcia grabbed the victims hands and twisted his arms; in turn, Joey Pamplona, together with Arnold Garchitorena, strangled Mauro Biay and straddled the Mauro Biay on the ground, then stabbed him.

List of characters:

Mauro Biay y Almarinez victim Dulce Borero eye witness and victims sister Teodoro Biay elder brother of Dulce Borero Dr. Rolando Poblete physician who conducted an autopsy on victim Mauro Biay Joey Pamplona accused Jessie Garcia accused Arnold Garchitorena accused Mang Tony Barangay official Aling Bel Mang Tonys wife Alfredo Arcega Barangay Captain Miguelito Gonzalgo defense witness Dr. Evelyn Belen physician who examined accused Arnold Garchitorena