G.R. No.

187536 August 10, 2011

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
vs.
MICHAEL O!INGO "#$"s %MICHAEL O!INGCO% "&' RE(NANTE COL, Accused-
Appellants.
D E C I S I O N
PERE), J.:
For review is the Aended Decision
!
dated !" Nove#er $%%& of the Court of Appeals in CA-'.(.
C(-).C. No. %%*+&, findin, appellants -ichael .o/in,co
$
0.o/in,co1 and (e2nante Col 0Col1 ,uilt2
as conspirators #e2ond reasona#le dou#t of the crie of -urder and sentencin, the to suffer the
penalt2 of reclusion perpetua.
On 3! 4ul2 $%%%, an Inforation
3
was filed a,ainst appellants char,in, the of the crie of urder
coitted as follows5
6hat on or a#out the $7th da2 of Fe#ruar2, $%%% in the Cit2 of An,eles, Philippines and within the
8urisdiction of this )onora#le Court, the a#ove-naed accused, conspirin, and confederatin, to,ether
and utuall2 helpin, each other, ared with a claw haer and with intent to /ill #2 eans of
treacher2, evident preeditation, a#use of confidence, and ni,httie, did then and there willfull2,
unlawfull2 and feloniousl2 attac/, assault and aul NO9I PASION, #2 hittin, and #eatin, his head and
other parts of his #od2 with said haer, there#2 inflictin, upon said NO9I PASION fatal wounds on
his head and #od2 which caused his death.
"
On arrai,nent, .o/in,co entered a ,uilt2 plea while Col pleaded not ,uilt2. Durin, the pre-trial,
.o/in,co confessed to the crie char,ed.
+
6he victi, Noli Pasion 0Pasion1 and his wife, Elsa, were residin, in a house alon, -ac Arthur
)i,hwa2 in .ali#a,o, An,eles Cit2. Pasion owned a pawnshop, which fored part of his house. )e
also aintained two 0$1 rows of apartent units at the #ac/ of his house. 6he first row had si: 0*1 units,
one of which is Apartent No. + and was #ein, leased to Dante ;italicio 0;italicio1, Pasion<s #rother-
in-law, while the other row was still under construction at the tie of his death. Appellants, who were
sta2in, in Apartent No. 3, were aon, the !3 construction wor/ers eplo2ed #2 Pasion.
*
6he prosecution<s evidence show that at around !5%% a.. on $7 Fe#ruar2 $%%%, ;italicio was spin-
dr2in, his clothes inside his apartent when Pasion cae fro the front door, passed #2 hi and went
out of the #ac/ door.
=
A few inutes later, he heard a cootion fro Apartent No. 3. )e headed to
said unit to chec/. )e peeped throu,h a screen door and saw .o/in,co hittin, soethin, on the floor.
>pon seein, ;italicio, .o/in,co alle,edl2 pushed open the screen door and attac/ed hi with a
haer in his hand. A stru,,le ensued and ;italicio was hit several ties. ;italicio #it .o/in,co<s
nec/ and ana,ed to push hi awa2. .o/in,co tried to chase ;italicio #ut was eventuall2 su#dued #2
a co-wor/er. ;italicio proceeded to his house and was told #2 his wife that Pasion was found dead in
the /itchen of Apartent No. 3. ;italicio went #ac/ to Apartent No. 3 and saw Pasion<s #od2 l2in,
flat on the /itchen floor. Pasion and ;italicio were #rou,ht to the hospital. Pasion e:pired a few hours
later while ;italicio was treated for his in8uries.
&
Elsa testified that she was in the aster<s #edroo on the second floor of the house when she heard
#an,in, sounds and her hus#and<s oans. She iediatel2 ,ot off the #ed and went down. .efore
reachin, the /itchen, Col #loc/ed her wa2. Elsa as/ed hi wh2 he was inside their house #ut Col
suddenl2 ran towards her, spra2ed tear ,as on her e2es and po/ed a sharp o#8ect under her chin. Elsa
was wounded when she #owed her head to avoid the tear ,as.
7
Col then instructed her to open the vault
of the pawnshop #ut Elsa infored hi that she does not /now the co#ination loc/. Elsa tried
offerin, hi one2 #ut Col dra,,ed her towards the #ac/ door #2 holdin, her nec/ and pullin, her
#ac/ward. .efore the2 reached the door, Elsa saw .o/in,co open the screen door and heard hi tell
Col5 ?tara, pata2 na si2a.?
!%
Col iediatel2 let her ,o and ran awa2 with .o/in,co. Elsa proceeded to
Apartent No. 3. 6hereat, she saw her hus#and l2in, on the floor, #athed in his own #lood.
!!
PO3 @uirino Da2rit 0PO3 Da2rit1 was stationed at Police Station No. " in .aran,a2 Sala/ot, .ali#a,o,
An,eles Cit2. At !5$% a.. of $7 Fe#ruar2 $%%%, he received a phone call re,ardin, the incident. )e,
to,ether with a certain PAInsp. -ania,o, proceeded to Apartent No. 3 and conducted an investi,ation.
)e noticed a pool of #lood on the ceented floor of the /itchen. )e also saw a claw haer with a
,reen lead pipe handle appro:iatel2 !3 inches lon, near the /itchen sin/. A lead pipe easurin, "%
inches and a chisel were also found in the near#2 construction site. 6he police went to An,eles
>niversit2 -edical Center afterwards. PO3 Da2rit saw Pasion l2in, in one of the #eds while ;italicio
was still loiterin, around the eer,enc2 roo. )e approached ;italicio and Elsa who #oth infored
hi of the incident.
!$
)e prepared a police report on the sae da2 narratin, the result of his
investi,ation.
!3
Evel2n 'an, the steno,raphic reporter of Prosecutor 9ucina Da2aon, 8otted down notes durin, the
preliinar2 investi,ation. She attests that .o/in,co aditted that he conspired with Col to /ill Pasion
and that the2 planned the /illin, several da2s #efore #ecause the2 ,ot ?fed up? with Pasion.
!"
6he necrops2 report prepared #2 Dr. 4oven '. Es,uerra 0Dr. Es,uerra1, contained the followin,
findin,s5
!. -ar/ed pallor of lips and nail#eds
$. .od2 in ri,or ortis
3. Contusion with heatoa, ri,ht edial infraor#ital re,ion e:tendin, to the ri,ht of the root
of the nose.
". Contusion with heatoa, left post-auricular re,ion.
+. Contusion with heatoa, ri,ht an,le of andi#le.
*. Contusion with heatoa, ri,ht andi#ular re,ion.
=. Contusion with heatoa, left occipital re,ion.
&. Contusion with heatoa, ri,ht fronto-parietal re,ion.
7. Contusion with heatoa, ri,ht supraor#ital re,ion.
!%. A#rasions, linear, confluent, pro:ial third, ri,ht le, anterior $ B : * B c.
!!. Contusion with heatoa, left shoulder, level of head of left huerus.
!$. Sta# wound, anterior chest alon, the anterior edian line, = c a#ove the nipple line, %.&c
len,th, %.+ c wide and ! c deep, hittin, and puncturin, the anu#riu sterni, not enterin,
the thoracic cavit2. .oth e:treities round.
!3. $ sta# wounds, non-penetratin,, anterior chest, !3 c to the left of the anterior edian line,
3 c #elow in8ur2 0!$1 !" c the ri,ht of the anterior edian line " B on #elow in8ur2 0!$1.
Cound %.& c in len,th, #oth e:treities round.
!". 9acerated wound, sei-lunar shape, 3 c len,th, left shoulder.
!+. 9acerated wound, ri,ht e2e#row area, C-shaped $ B c len,th.
!*. 9acerated wound, lateral an,le, ri,ht e2e, %.& c len,th.
!=. 9acerated wound, ri,ht supraor#ital re,ion, edial aspect, $ c len,th.
!&. 9acerated wound, sei-lunar, + c len,th, occipital re,ion + c len,th involvin, all la2ers
of the scalp with #rain tissue seen on the ,apin, wound.
!7. 9acerated wound, " c len,th, C-shaped $ B c to the ri,ht of in8ur2 0!&1 ! B c #elow,
wound involvin, the whole scalp.
$%. 9acerated wound, left post-auricular re,ion, C-shaped " c len,th, 3 c len,th.
$!. 9acerated wound left post-auricular re,ion, re,ion of the sDuaous part of the left teporal
#one, C-shaped 0$1 3.+ c and " c len,ths.
$$. 9acerated wound, ri,ht andi#ular re,ion " c len,th, ! c wide.
$3. 9acerated wound, stellate, +.+ : + : + c, ri,ht fronto-parietal re,ion with #rain tissue out
of the ,apin, wound.
$". 9acerated wound, ri,ht su#andi#ular re,ion %.3 : 3.+ c.
$+. 9acerated wound, ri,ht chee/ %.& c len,th.
$*. Depressed, coplete fracture, occipital #one ri,ht with stellate linear e:tensions, with
,apin,, with #rain tissue aseration.
$=. S/ull fracture, ri,ht fronto-parietal re,ion, depressed, coplete, C-shaped with linear
e:tensions, with ,apin, of #one with #rain tissue aceration and e:pulsion.
$&. )eorrha,e, assive, su#dural and epidural.
$7. .rain tissue daa,e.
!+
Dr. Es,uerra concluded that the in8uries sustained #2 Pasion on his s/ull proved fatal.
!*
Appellants testified on their own #ehalf. .o/in,co recalled that he was sleepin, in Apartent No. 3 at
around !5$% a.. on $7 Fe#ruar2 $%%% when he was awa/ened #2 Pasion who appeared to #e
into:icated. 6he latter wanted to /now wh2 he did not see .o/in,co at the construction site on $&
Fe#ruar2 $%%%. Chen .o/in,co replied that he 8ust sta2ed at the apartent the whole da2, Pasion
suddenl2 hit hi in the head. 6his propted .o/in,co to ta/e a haer and hit Pasion. 6he2 #oth
stru,,led and .o/in,co repeatedl2 hit Pasion. .o/in,co escaped to -anila ri,ht after the incident. )e
was su#seDuentl2 arrested in -indanao on !! 4une $%%%.
!=
Durin, the cross-e:aination, .o/in,co
aditted that he har#ored ill feelin,s towards Pasion.
!&
Col confired that he was one of the construction wor/ers eplo2ed #2 Pasion. )e however resi,ned
on $* Fe#ruar2 $%%% #ecause of the deductions fro his salar2. )e went hoe to Cainta, (iEal, where
he was apprehended and #rou,ht to Cap Olivas. >pon reachin, the cap, he saw .o/in,co who
pointed to hi as the person who /illed Pasion. )e insisted that he doesn<t /now .o/in,co ver2 well.
!7
On !* Dece#er $%%", the trial court rendered 8ud,ent
$%
findin, appellants ,uilt2 #e2ond reasona#le
dou#t of urder, viE5
C)E(EFO(E, the Court finds accused -IC)AE9 .OFIN'O alias -IC)AE9 .OFIN'CO and
(EGNAN6E CO9 ,uilt2 #e2ond reasona#le dou#t of the crie of ->(DE(, defined and penaliEed in
Art. $"& of the (evised Penal Code, and there #ein, the two a,,ravatin, circustances of ni,httie
and a#use of confidence to #e considered a,ainst #oth accused and the iti,atin, circustance of
voluntar2 plea of ,uilt2 in favor of accused .o/in,o onl2, here#2 sentences each of the to suffer the
penalt2 of DEA6). Each accused is ordered to indenif2 the heirs of victi Noli Pasion in the aount
of Sevent2 five thousand pesos 0P=+,%%%.%%1 to pa2 the heirs of the victi Seventeen thousand si:
hundred pesos 0P!=,*%%.%%1 as actual daa,es, Fifteen thousand pesos 0P!+,%%%.%%1 as attorne2<s fees,
6went2 five thousand pesos 0P$+,%%%.%%1 as e:eplar2 daa,es, and to pa2 the costs.
$!
In its Decision dated $" 4ul2 $%%&, the Court of Appeals affired the findin,s of the trial court #ut
reduced the penalt2 to reclusion perpetua in view of (epu#lic Act No. =*+7, thus5
C)E(EFO(E, the assailed Decision is AFFI(-ED with -ODIFICA6ION. Accused-appellant
(EGNAN6E CO9 is found '>I96G as conspirator #e2ond reasona#le dou#t of ->(DE( as defined
in Article $"& of the (evised Penal Code, as aended #2 (epu#lic Act No. =*+7, Dualified #2 treacher2
and evident preeditation and with the attendant a,,ravatin, circustances of ni,httie and a#use of
confidence, with no iti,atin, circustances. 6he proper iposa#le penalt2 would have #een death.
)owever, pursuant to (epu#lic Act No. 73"*, appellant is sentenced to suffer the penalt2 of (eclusion
Perpetua. Accused-appellant is further ordered to indenif2 the heirs of victi Noli Pasion in the
aount of Sevent2 five thousand pesos 0P=+,%%%.%%1H Fift2 thousand pesos 0P+%,%%%.%%1 as oral
daa,esH 6went2 five thousand pesos 0P$+,%%%.%%1 as e:eplar2 daa,esH 6went2 five thousand pesos
0P$+,%%%.%%1 as teperate daa,esH Fifteen thousand pesos 0P!+,%%%.%%1 as attorne2<s feesH and to pa2
the costs.
$$
Appellants filed a -otion for (econsideration
$3
and called the appellate court<s attention on the
oission to rule on .o/in,co<s fate when it rendered the challen,ed decision. Appellants also noted the
a#sence of other evidence, aside fro .o/in,co<s adission, to prove that conspirac2 e:isted in the
instant case. Appellants aintained that the adission ade #2 .o/in,co cannot #e used as evidence
a,ainst his alle,ed co-conspirator. Appellants also too/ e:ception to the findin,s of the lower courts
that the a,,ravatin, circustances of treacher2, evident preeditation, ni,httie and a#use of
confidence attended the coission of the crie.
$"
6he Court of Appeals erel2 odified its Decision #2 includin, the criinal lia#ilit2 of .o/in,co in
its dispositive portion of its Aended Decision, which reads5
C)E(EFO(E, the assailed Decision is AFFI(-ED with -ODIFICA6ION. Accused-appellants
-IC)AE9 .OFIN'CO and (EGNAN6E CO9 are found '>I96G as conspirators #e2ond reasona#le
dou#t of ->(DE( as defined in Article $"& of the (evised Penal Code, as aended #2 (epu#lic Act
No. =*+7, Dualified #2 treacher2 and evident preeditation and with the attendant a,,ravatin,
circustances of ni,httie and a#use of confidence, with no iti,atin, circustances. 6he proper
iposa#le penalt2 would have #een death. )owever, pursuant to (epu#lic Act No. 73"*, the accused-
appellant are sentenced to suffer the penalt2 of (eclusion Perpetua without the possi#ilit2 of parole 0in
accordance with Section 3 of the said law1. Each of the accused-appellants is further ordered to
indenif2 the heirs of victi Noli Pasion in the aount of Sevent2 five thousand pesos 0P=+,%%%.%%1H
Fift2 thousand pesos 0P+%,%%%.%%1 as oral daa,esH 6went2 five thousand pesos 0P$+,%%%.%%1 as
e:eplar2 daa,esH 6went2 five thousand pesos 0P$+,%%%.%%1 as teperate daa,esH Fifteen thousand
pesos 0P!+,%%%.%%1 as attorne2<s feesH and to pa2 the costs.
$+
Appellants filed a notice of appeal. In its (esolution dated $* Octo#er $%%7, this Court reDuired the
parties to su#it their Suppleental .riefs within 3% da2s fro notice thereof if the2 so desire.
$*
Appellants anifested that the2 are no lon,er filin, a Suppleental .rief and are adoptin, their
ar,uents in the Appellant<s .rief su#itted #efore the Court of Appeals.
$=
6he appellee li/ewise
anifested that it is dispensin, with the filin, of a Suppleental .rief.
$&
6he instant case was thus
su#itted for deli#eration.
In see/in, the reversal of the Court of Appeals< Aended Decision, two issues were raised5 !1 whether
the Dualif2in, circustances were properl2 appreciated to convict appellant .o/in,co of urder and $1
whether appellant Col is ,uilt2 #e2ond reasona#le dou#t as a co-conspirator.
6here is no Duestion that .o/in,co attac/ed and /illed Pasion. .o/in,co ade two 0$1 separate and
dissiilar adissions5 first, in his e:tra8udicial confession ta/en durin, the preliinar2 investi,ation
where he aditted that he and Col planned the /illin, of PasionH and second, when he testified in open
court that he was onl2 provo/ed in hittin, Pasion #ac/ when the latter hit hi in the head. On the #asis
of his e:tra8udicial confession, .o/in,co was char,ed for urder Dualified #2 evident preeditation
and treacher2.
Appellants aintain that the2 could not #e convicted of urder. 6he2 Duestion the presence of
treacher2 in the coission of the crie considerin, that no one fro the prosecution witnesses
testified on how Pasion was attac/ed #2 .o/in,co. 6he2 also su#it that evident preeditation was
not proven in the case. 6he2 #elittle .o/in,co<s e:tra8udicial adission that he and Col planned the
/illin,. 6he attendance of the a,,ravatin, circustances of ni,httie and a#use of confidence was
li/ewise assailed #2 appellants. 6he2 aver that ni,httie was not purposel2 sou,ht #ut it was erel2
co-incidental that the crie too/ place at that tie. Neither has trust and confidence #een reposed on
appellants #2 the victi to a,,ravate the crie #2 a#use of confidence. Appellants clai that the2 were
livin, in an apartent owned #2 Pasion, not #ecause the latter trusted the #ut #ecause the2 wor/ed in
the construction of the victi<s apartent.
On the other hand, the OS' ephasiEes that the prosecution has esta#lished that Pasion was
defenseless when fatall2 attac/ed #2 .o/in,co and there was no opportunit2 for hi to defend hiself
fro the une:pected assaults of .o/in,co. 6he OS' a,rees as well with the trial court<s findin,s that
evident preeditation, ni,httie, and a#use of confidence attended the coission of the crie.
Ce a,ree with appellants that treacher2 cannot #e appreciated to Dualif2 the crie to urder in the
a#sence of an2 proof of the anner in which the a,,ression was coenced. For treacher2 to #e
appreciated, the prosecution ust prove that at the tie of the attac/, the victi was not in a position to
defend hiself, and that the offender consciousl2 adopted the particular eans, ethod or for of
attac/ eplo2ed #2 hi.
$7
No#od2 witnessed the coenceent and the anner of the attac/. Chile
the witness ;italicio ana,ed to see .o/in,co hittin, soethin, on the floor, he failed to see the
victi at that tie.
3%
.o/in,co aditted in open court that he /illed Pasion.
3!
.ut the aditted anner of /illin, is
inconsistent with evident preeditation. 6o warrant a findin, of evident preeditation, the prosecution
ust esta#lish the confluence of the followin, reDuisites5 0a1 the tie when the offender was
deterined to coit the crieH 0#1 an act anifestl2 indicatin, that the offender clun, to his
deterinationH and 0c1 a sufficient interval of tie #etween the deterination and the e:ecution of the
crie to allow hi to reflect upon the conseDuences of his act.
3$
It is indispensa#le to show how and
when the plan to /ill was hatched or how uch tie had elapsed #efore it was carried out.
33
In the
instant case, no proof was shown as to how and when the plan to /ill was devised. .o/in,co aditted
in court that he onl2 retaliated when Pasion alle,edl2 hit hi in the head.
3"
Despite the fact that
.o/in,co aditted that he was treated poorl2 #2 Pasion, the prosecution failed to esta#lish that
.o/in,co planned the attac/.
It was durin, the preliinar2 investi,ation that .o/in,co entioned his and Col<s plan to /ill Pasion.
3+
.o/in,co<s confession was adittedl2 ta/en without the assistance of counsel in violation of Section
!$, Article III of the !7&= Constitution, which provides5
Section !$. 0!1 An2 person under investi,ation for the coission of an offense shall have the ri,ht to
#e infored of his ri,ht to reain silent and to have copetent and independent counsel prefera#l2 of
his own choice. If the person cannot afford the services of counsel, he ust #e provided with one.
6hese ri,hts cannot #e waived e:cept in writin, and in the presence of counsel.
: : : :
031 An2 confession or adission o#tained in violation of this or Section != hereof shall #e inadissi#le
in evidence a,ainst hi.
In People v. Sun,a,
3*
we held that ?the ri,ht to counsel applies in certain pretrial proceedin,s that can
#e deeed Icritical sta,es< in the criinal process. 6he preliinar2 investi,ation can #e no different
fro the in-custod2 interro,ations #2 the police, for a suspect who ta/es part in a preliinar2
investi,ation will #e su#8ected to no less than the StateJs processes, oftenties intiidatin, and
relentless, of pursuin, those who i,ht #e lia#le for criinal prosecution.?
3=
In said case, Sun,a ade
an uncounselled adission #efore the police. )e later ac/nowled,ed the sae adission #efore the
8ud,e in a preliinar2 investi,ation. Sun,a was thrust into the preliinar2 investi,ation and while he
did have a counsel, for the latter<s lac/ of vi,ilance and coitent to Sun,a<s ri,hts, he was virtuall2
denied his ri,ht to counsel. 6hus, the uncounselled adission was held inadissi#le.
3&
In the instant
case, the e:tra8udicial confession is inadissi#le a,ainst .o/in,co #ecause he was not assisted at all #2
counsel durin, the tie his confession was ta/en #efore a 8ud,e.
6he findin, that ni,httie attended the coission of the crie is anchored on the presuption that
there was evident preeditation. )avin, ruled however that evident preeditation has not #een proved,
the a,,ravatin, circustance of ni,httie cannot #e properl2 appreciated. 6here was no evidence to
show that .o/in,co purposel2 sou,ht ni,httie to facilitate the coission of the offense.
A#use of confidence could not also #e appreciated as an a,,ravatin, circustance in this case. 6a/in,
into account that fact that .o/in,co wor/s for Pasion, it a2 #e conceded that he en8o2ed the trust and
confidence of Pasion. )owever, there was no showin, that he too/ advanta,e of said trust to facilitate
the coission of the crie.
A down,rade of conviction fro urder to hoicide is proper for .o/in,co for failure of the
prosecution to prove the presence of the Dualif2in, circustances.
>nder Article $"7 of the (evised Penal Code, the applica#le penalt2 for hoicide is reclusion
teporal. 6here #ein, no iti,atin, or a,,ravatin, circustance alle,ed and proven in the instant case,
the penalt2 should #e applied in its ediu period pursuant to Article *"0!1 of the (evised Penal Code,
which ran,es fro a iniu of !" 2ears, & onths and ! da2 to a a:iu of != 2ears and "
onths. Appl2in, the Indeterinate Sentence 9aw, the iposa#le penalt2 shall #e within the ran,e of
prision a2or in an2 of its periods as iniu to reclusion teporal in its ediu period as the
a:iu. 6he ran,e of prision a2or is fro * 2ears and ! da2 to !$ 2ears, while reclusion teporal
in its ediu period, ran,es fro !" 2ears, & onths and ! da2 to != 2ears and " onths. 6herefore,
the indeterinate penalt2 of si: 2ears and one da2 of prision a2or as iniu to !" 2ears, ei,ht
onths and one da2 of reclusion teporal, as a:iu is appropriate under the circustances.
37
6he
award of e:eplar2 daa,es should #e deleted as no a,,ravatin, circustance was proven.
Col, on the other hand, was char,ed as a co-conspirator. )e contends that to hold hi ,uilt2 as co-
conspirator, it ust #e esta#lished that he perfored an overt act in furtherance of the conspirac2.
Appl2in, Section 3%, (ule !3% of the (ules of Court, Col asserts that .o/in,co<s uncounselled
testion2 that appellants planned to /ill Pasion #ears no relevance considerin, the fact that there was
no other evidence which will prove the conspirac2. Col also clais that Elsa<s stateents durin, trial,
such as the presence of Col inside her house and his forcin, her to open the vault of the pawnshop, as
well as the alle,ed stateent she heard fro .o/in,co ?6ara, pata2 na si2a,? are not adeDuate to
support the findin, of conspirac2.
6he Office of the Solicitor 'eneral 0OS'1 8ustifies Col<s conviction of urder #2 conspirac2 #2
entionin, that startin, fro the declaration of .o/in,co, the victi<s wife, Elsa, also positivel2
declared that Col #loc/ed and attac/ed her with a /nife when she tried to chec/ on her hus#and. She
was left alone #2 Col when he was told #2 .o/in,co that the victi was alread2 dead. For the OS',
appellants< acts are indicative of conspirac2. 6he OS' contends that the prosecution witnesses had no
ill-otive to lie and falsel2 accuse appellants of the crie of urder.
6he lower courts concluded that there was conspirac2 #etween appellants.
Ce disa,ree.
6his Court is well aware of the polic2 to accord proper deference to the factual findin,s of the trial
court, owin, to their uniDue opportunit2 to o#serve the witnesses firsthand and note their deeanor,
conduct, and attitude under ,ruelin, e:aination.
"%
)owever, this rule adits of e:ceptions, nael25
!1 when the trial court<s findin,s of facts and conclusions are not supported #2 the evidence on record,
or $1 when certain facts of su#stance and value li/el2 to chan,e the outcoe of the case have #een
overloo/ed #2 the lower court, or 31 when the assailed decision is #ased on a isapprehension of
facts.
"!
6he second e:ception o#tains in this case.
Indeed, in order to convict Col as a principal #2 direct participation in the case #efore us, it is necessar2
that conspirac2 #etween hi and .o/in,co #e proved. Conspirac2 e:ists when two or ore persons
coe to an a,reeent to coit an unlawful act. It a2 #e inferred fro the conduct of the accused
#efore, durin,, and after the coission of the crie. Conspirac2 a2 #e deduced fro the ode and
anner in which the offense was perpetrated or inferred fro the acts of the accused evincin, a 8oint or
coon purpose and desi,n, concerted action, and counit2 of interest.
"$
>nit2 of purpose and
unit2 in the e:ecution of the unlawful o#8ective are essential to esta#lish the e:istence of conspirac2.
"3
As a rule, conspirac2 ust #e esta#lished with the sae Duantu of proof as the crie itself and ust
#e shown as clearl2 as the coission of the crie.
""
6he findin, of conspirac2 was preised on Elsa<s testion2 that appellants fled to,ether after /illin,
her hus#and and the e:tra8udicial confession of .o/in,co.
No#od2 witnessed the coenceent of the attac/. Col was not seen at the apartent where Pasion
was #ein, attac/ed #2 .o/in,co. In fact, he was at Elsa<s house and alle,edl2 orderin, her to open the
pawnshop vault, thus5
@5 Do 2ou ree#er an2 unusual incident that happened on that tie and date when 2ou were
in 2our aster<s #edrooK
A5 I heard a #upin, sound 0/ala#o,1 at the #ac/ portion of our #uildin, where we reside.
: : : :
@5 Chat did 2ou do when 2ou heard those sounds in the wee hours of the ornin, on that da2
when 2ou were in 2our aster<s #edrooK
A5 I wondered wh2 and I iediatel2 went down to the /itchen since the door of the /itchen
was directl2 leadin, to the #ac/ door or #ac/ portion of the #uildin, where the apartents were
situated.
@5 Ch2, on what floor is this aster<s #edroo locatedK
A5 Second floor.
@5 Cere 2ou actuall2 a#le to ,o down and see what was happenin,K
A5 Ges, sir, #ut I was onl2 a#le to reach the stairs leadin, to the /itchen. I was not a#le to ,o out
of the /itchen #ecause I was #loc/ed.
@5 Gou were #loc/ed #2 whoK
A5 .2 (e2nante Col.
@5 Are 2ou referrin, to the sae (e2nante Col, the accused in this caseK
A5 Ges, sir.
: : : :
@5 Gou said 2ou were #loc/ed #2 (e2nante Col. )ow did he #loc/ 2ouK
A5 As soon as I reached the stairs, I was #loc/ed #2 (e2nante Col and he was situated near the
#ac/ door of the pawnshop. 6here is a pawnshop in the front portion of our residence.
@5 Chen 2ou saw hi near the door of 2our pawnshop, did 2ou confront hiK
A5 Ges, sir.
@5 )ow did 2ou confront hiK
A5 I as/ed hi, (e2nante, what are 2ou doin, hereK
@5 Chat was the reaction of (e2nante ColK
A5 )e ran towards e and spra2ed soethin, into 2 e2es and he put a sharp o#8ect under 2
chin. 0Citness deonstratin, #2 puttin, her hand under her chin1
@5 )ow far was he #efore he attac/ed 2ouK
A5 Pro#a#l2, fro the witness stand up to the chair of Fiscal )ilario. -a2#e two steps awa2
fro hi. 0Around 3 eters1
@5 Cere 2ou a#le to identif2 what this spra2 is and what part of 2our #od2 was hitK
A5 -2 e2es were spra2ed with tear ,as.
@5 Chat did 2ou feel when 2our e2es was 0sic1 spra2ed with tear ,asK
A5 It was ?ahapdi? 0painful1.
@5 Chen 2ou felt pain in 2our e2es, how were 2ou a#le to see soethin, or a sharp weapon
under 2our chinK
A5 .efore he spra2ed the tear ,as to 2 e2es, I was a#le to see hi po/e the sharp o#8ect under
2 chin and I #owed 2 head a little to avoid the tear ,as. I was wounded under 2 chin and I
felt the sharpness of the o#8ect.
"+
: : : :
@5 Chat else happened while he was doin, that to 2ouK
A5 )e spra2ed tear ,as in 2 e2es and told e to #e silent.
@5 Chat else, if an2, did he tell 2ouK
A5 6o open the co#ination of the vault.
@5 Did 2ou copl2 to his order that 2ou open the co#ination of the vaultK
A5 No, sir. I do not /now the co#ination.
@5 Chat vault are 2ou referrin, toK
A5 ;ault of the pawnshop.
@5 Chere is that pawnshop located with reference to 2our residenceK
A5 At the first floor is the pawnshop and at the #ac/ is our /itchen.
@5 Chen 2ou refused to open the vault of the pawnshop, what did (e2nante Col do a#out itK
A5 )e did not sa2 an2thin,.
@5 )ow a#out 2ou, was there an2thin, else 2ou didK
A5 I offered hi one2 so he will not /ill e.
@5 Chen 2ou offered hi one2 so he will not /ill 2ou, did he a,reeK
A5 No, sir.
@5 Chat else happened ne:t when he did not a,ree to 2our offer of one2K
A5 )e dra,,ed e ,oin, towards the #ac/ door.
"*
.ased on these acts alone, it cannot #e lo,icall2 inferred that Col conspired with .o/in,co in /illin,
Pasion. At the ost, Col<s actuations can #e eDuated to attepted ro##er2, which was actuall2 the
initial inforation filed a,ainst appellants #efore it was aended, on otion of the prosecution, for
urder.
"=
Elsa testified that she heard .o/in,co call out to Col that Pasion had #een /illed and that the2 had to
leave the place. 6his does not prove that the2 acted in concert towards the consuation of the crie.
It onl2 proves, at #est, that there were two cries coitted siultaneousl2 and the2 were united in
their efforts to escape fro the cries the2 separatel2 coitted.
6heir acts did not reveal a unit2 of purpose that is to /ill Pasion. .o/in,co had alread2 /illed Pasion
even #efore he sou,ht Col. 6heir oves were not coordinated #ecause while .o/in,co was /illin,
Pasion #ecause of his pent-up an,er, Col was atteptin, to ro# the pawnshop.1avvphi1
In as uch as .o/in,co<s e:tra8udicial confession is inadissi#le a,ainst hi, it is li/ewise
inadissi#le a,ainst Col, specificall2 where he iplicated the latter as a cohort. >nder Section $&, (ule
!3% of the (ules of Court, the ri,hts of a part2 cannot #e pre8udiced #2 an act, declaration or oission
of another. (es inter alios acta alteri nocere non de#et. ConseDuentl2, an e:tra8udicial confession is
#indin, onl2 on the confessant, is not adissi#le a,ainst his or her co-accused, and is considered as
hearsa2 a,ainst the.
"&
An e:ception to the res inter alios acta rule is an adission ade #2 a
conspirator. Section 3%, (ule !3% of the (ules of Court provides that the act or declaration of the
conspirator relatin, to the conspirac2 and durin, its e:istence a2 #e ,iven in evidence a,ainst the co-
conspirator provided that the conspirac2 is shown #2 evidence other than #2 such act or declaration.
"7
In order that the adission of a conspirator a2 #e received a,ainst his or her co-conspirators, it is
necessar2 that first, the conspirac2 #e first proved #2 evidence other than the adission itselfH second,
the adission relates to the coon o#8ectH and third, it has #een ade while the declarant was
en,a,ed in carr2in, out the conspirac2.
+%
As we have previousl2 discussed, we did not find an2
sufficient evidence to esta#lish the e:istence of conspirac2. 6herefore, the e:tra8udicial confession has
no pro#ative value and is inadissi#le in evidence a,ainst Col.
.o/in,co<s 8udicial adission e:culpated Col #ecause .o/in,co aditted that he onl2 attac/ed Pasion
after the latter hit hi in the head.
All told, an acDuittal for Col is in order #ecause no sufficient evidence was adduced to iplicate hi.
C)E(EFO(E, the appeal is '(AN6ED. 6he Decision of the Court of Appeals in CA-'.(. C(-).C.
No. %%*+& is (E;E(SED and SE6 ASIDE. Appellant (e2nante Col is AC@>I66ED on ,round of
reasona#le dou#t. 6he .ureau of Corrections is ordered to cause the iediate release of accused-
appellant, unless he is #ein, lawfull2 held for another cause, and to infor this Court of action ta/en
within ten 0!%1 da2s fro notice.
Appellant -ichael .o/in,co is found '>I96G #e2ond reasona#le dou#t of the crie of )oicide. )e
is here#2 sentenced to suffer the penalt2 of si: 2ears 0*1 and one 0!1 da2 of prision a2or as iniu
to !" 2ears, ei,ht 0&1 onths and one 0!1 da2 of reclusion teporal, as a:iu Appellant is further
ordered to indenif2 the heirs of Noli Pasion in the aount of Sevent2 five thousand pesos
0P=+,%%%.%%1H Fift2 thousand pesos 0P+%,%%%.%%1 as oral daa,esH 6went2 five thousand pesos
0P$+,%%%.%%1 as teperate daa,esH Fifteen thousand pesos 0P!+,%%%.%%1 as attorne2<s feesH and to pa2
the costs.
SO O(DE(ED.