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Philippine Supreme Court Jurisprudence > Year 1990 > November 1990 Decisions > G.R. No. 75369 November
26, 1990 - PEOPLE OF THE PHIL. v. FERNANDO J. ILIGAN, ET AL.:

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THIRD DIVISION

[G.R. No. 75369. November 26, 1990.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FERNANDO ILIGAN y JAMITO, EDMUNDO

ASIS y ILIGAN and JUAN MACANDOG (at large), Defendants, FERNANDO ILIGAN y JAMITO
and EDMUNDO ASIS y ILIGAN, Defendants-Appellants.

The Solicitor General for Plaintiff-Appellee.

Cesar R. Canonizado, for Defendants-Appellants.

SYLLABUS

DebtKollect Company, Inc.
1. REMEDIAL LAW; APPEAL; THROWS THE CASE OPEN FOR A COMPLETE REVIEW OF ALL ERRORS AS
MAY BE IMPUTABLE TO THE TRIAL COURT. While the factual findings of the trial court are generally
given due respect by the appellate court, an appeal of a criminal case throws it open for a complete
review of all errors, by commission or omission, as may be imputable to the trial court. (People v.
Valerio, Jr., L-4116, February 25, 1982, 112 SCRA 208, 231) In this instance, the lower court erred in
finding that the maceration of one half of the head of the victim was also caused by Iligan for the
evidence on record point to a different conclusion. We are convinced beyond peradventure that indeed,
after Quiones, Jr. had fallen from the bolo-hacking perpetrated by Iligan, he was run over by a vehicle.
This finding, however, does not in any way exonerate Iligan from liability for the death of Quiones, Jr.

2. CRIMINAL LAW; LIABILITY; REQUISITES THEREOF, PRESENT IN THE CASE AT BAR. Under Article 4
of the Revised Penal Code, criminal liability shall be incurred "by any person committing a felony (delito)
although the wrongful act done be different from that which he intended." Based on the doctrine that "el
que es causa de la causa es causa del mal causado" (he who is the cause of the cause is the cause of
the evil caused), (People v. Ural, G.R. No. L-30801, March 27, 1974, 56 SCRA 138, 144) the essential
requisites of Article 4 are: (a) that an intentional felony has been committed, and (b) that the wrong
done to the aggrieved party be the direct, natural and logical consequence of the felony committed by
the offender. (People v. Mananquil, L-35574, September 28, 1984, 132 SCRA 196, 207). We hold that
these requisites are present in this case.

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3. ID.; ID.; PROXIMATE LEGAL CAUSE, DEFINED. The intentional felony committed was the hacking of
the head of Quiones, Jr. by Iligan. That it was considered as superficial by the physician who autopsied
Quiones is beside the point. What is material is that by the instrument used in hacking Quiones, Jr.
and the location of the wound, the assault was meant not only to immobilize the victim but to do away
with him as it was directed at a vital and delicate part of the body: the head. (See: People v. Diana, 32
Phil. 344 [1915]). The hacking incident happened on the national highway where vehicles are expected
to pass any moment. One such vehicle passed seconds later when Lukban and Zaldy Asis, running
 Division
November-1990 Jurisprudence
G.R. No. 64398 November 6, 1990 - JOSE CHING SUI
YONG v. INTERMEDIATE APPELLATE COURT, ET AL.
G.R. No. 74761 November 6, 1990 - NATIVIDAD V.
ANDAMO, ET AL. v. INTERMEDIATE APPELLATE COURT,
ET AL.
G.R. No. 86953 November 6, 1990 - MARINE RADIO
COMMUNICATIONS ASSOCIATION OF THE
PHILIPPINES, INC. v. RAINERIO O. REYES, ET AL.
G.R. No. 68282 November 8, 1990 - RAQUEL CHAVEZ,
ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.
scared and having barely negotiated the distance of around 200 meters, heard shouts of people.
Quiones, Jr., weakened by the hacking blow which sent him to the cemented highway, was run over by
a vehicle. Under these circumstances, we hold that while Iligans hacking of Quiones, Jr.s head might
not have been the direct cause, it was the proximate cause of the latters death. Proximate legal cause is
defined as "that acting first and producing the injury, either immediately or by setting other events in
motion, all constituting a natural and continuous chain of events, each having a close causal connection
with its immediate predecessor, the final event in the chain immediately effecting the injury as a natural
and probable result of the cause which first acted, under such circumstances that the person responsible
for the first event should, as an ordinarily prudent and intelligent person, have reasonable ground to
expect at the moment of his act or default that an injury to some person might probably result
therefrom. (Urbano v. Intermediate Appellate Court, G.R. No. 72964, January 7, 1988, 157 SCRA 1
quoting Vda. De Bataclan v. Medina, 102 Phil. 181). In other words, the sequence of events from Iligans
assault on him to the time Quiones, Jr. was run over by a vehicle is, considering the very short span of
time between them, one unbroken chain of events. Having triggered such events, Iligan cannot escape
liability.
4. ID.; ALIBI; NOT CONSIDERED WHEN ACCUSED IS POSITIVELY IDENTIFIED BY WITNESSES. We
agree with the lower court that the defense of alibi cannot turn the tide in favor of Iligan because he was
positively seen at the scene of the crime and identified by the prosecution witnesses. (People v. Pineda,
G.R. No. 72400, January 15, 1988, 157 SCRA 71).
5. ID.; AGGRAVATING CIRCUMSTANCES; TREACHERY AND EVIDENT PREMEDITATION, WRONGLY
APPRECIATED IN THE CASE AT BAR. But we disagree with the lower court with regards to its findings
on the aggravating circumstances of treachery and evident premeditation. Treachery has been
appreciated by the lower court in view of the suddenness of the attack on the group of Quiones, Jr.
Suddenness of such attack, however, does not by itself show treachery. (People v. Gadiano, L-31818,
July 30, 1982, 115 SCRA 559) There must be evidence that the mode of attack was consciously adopted
by the appellant to make it impossible or hard for the person attacked to defend himself. (People v.
Crisostomo, L-32243, April 15, 1988, 160 SCRA 47). In this case, the hacking of Edmundo Asis by Iligan
followed by the chasing of the trio by the group of Iligan was a warning to the deceased and his
companions of the hostile attitude of the appellants. The group of Quiones, Jr. was therefore placed on
guard for any subsequent attacks against them. (People v. Mercado, L-33492, March 30, 1988, 159
SCRA 455). The requisites necessary to appreciate evident premeditation have likewise not been met in
this case. Thus, the prosecution failed to prove all of the following: (a) the time when the accused
determined to commit the crime; (b) an act manifestly indicating that the accused had clung to their
determination to commit the crime; and (c) the lapse of sufficient length of time between the
determination and execution to allow him to reflect upon the consequences of his act. (People v. Batas,
G.R. Nos. 84277-78, August 2, 1989, 176 SCRA 46).
6. ID.; CONSPIRACY; NOT SUFFICIENTLY CONSTITUTED BY MERE KNOWLEDGE, ACQUIESCENCE OR
APPROVAL OF THE ACT WITHOUT COOPERATION OR AGREEMENT TO COOPERATE NOR BY MERE
PRESENCE AT THE SCENE OF THE CRIME. Absent any qualifying circumstances, Iligan must be held
liable only for homicide. Again, contrary to the lower courts finding, proof beyond reasonable doubt has
not been established to hold Edmundo Asis liable as Iligans co-conspirator. Edmundo Asis did not take
any active part in the infliction of the wound on the head of Quiones, Jr., which led to his running over
by a vehicle and consequent death. As earlier pointed out, the testimony that he was carrying a stone at
the scene of the crime hardly merits credibility being uncorroborated and coming from an undeniably
biased witness. Having been the companion of Iligan, Edmundo Asis must have known of the formers
criminal intent but mere knowledge, acquiescense or approval of the act without cooperation or
agreement to cooperate, is not enough to constitute one a party to a conspiracy. There must be
intentional participation in the act with a view to the furtherance of the common design and purpose.
(People v. Izon, 104 Phil. 690 [1958]) Such being the case, his mere presence at the scene of the crime
did not make him a co-conspirator, a co-principal or an accomplice to the assault perpetrated by Iligan.
(Orobio v. Court of Appeals, G.R. No. 57519, September 13, 1988, 165 SCRA 316) Edmundo Asis
therefore deserves exoneration.
7. ID.; HOMICIDE; PENALTY; ABSENT ANY MITIGATING CIRCUMSTANCE AND APPLYING THE
INDETERMINATE SENTENCE LAW. There being no mitigating circumstance, the penalty imposable on
Iligan is reclusion temporal medium (Arts. 249 and 64, Revised Penal Code). Applying the Indeterminate
Sentence Law, the proper penalty is that within the range of prision mayor as minimum and reclusion
temporal medium as maximum. We find insufficient proof to warrant the award of P256,960 for the
victims unrealized income and therefore, the same is disallowed.
DECISION
ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.
G.R. No. 75450 November 8, 1990 - OSMUNDO
MEDINA, ET AL. v. MACARIO A. ASISTIO, JR.
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COURT OF APPEALS, ET AL.
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G.R. No. 72110 November 16, 1990 - ROMAN
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G.R. No. 76113 November 16, 1990 - D.P. LUB OIL
MARKETING CENTER, INC. v. RAUL NICOLAS, ET AL.
G.R. No. 84873 November 16, 1990 - ERLE PENDON
v. COURT OF APPEALS, ET AL.
G.R. No. 87636 November 19, 1990 - NEPTALI A.
GONZALES, ET AL. v. CATALINO MACARAIG, JR., ET AL.
G.R. No. 66541 November 20, 1990 - GUARDEX
ENTERPRISES, ET AL. v. NATIONAL LABOR RELATIONS
COMMISSION, ET AL.
G.R. No. 80201 November 20, 1990 - ANTONIO
GARCIA, JR. v. COURT OF APPEALS, ET AL.
G.R. No. 80406 November 20, 1990 - PEOPLE OF THE
PHIL. v. BENITO I. ESPIRITU, ET AL.
G.R. No. 47210 November 21, 1990 - LECAROZ
TRANSIT, ET AL. v. SECRETARY OF LABOR, ET AL.
G.R. No. 78714 November 21, 1990 - F. DAVID
FERNAN, J.:
In this appeal, uncle and nephew, Fernando Iligan and Edmundo Asis, seek a reversal of the decision of
the then Court of First Instance of Camarines Norte, Branch II 1 convicting them of the crime of murder
and sentencing them to suffer the penalty of reclusion perpetua and to indemnify the heirs of Esmeraldo
Quiones, Jr. in the amounts of P30,000 for the latters death and P256,960 representing the victims
unrealized income.
On October 21, 1980, the following information for murder was filed against Fernando Iligan, Edmundo
Asis and Juan Macandog:
chanrobles.com.ph : virtual law library
"That on or about 3:00 a.m., August 4, 1980, at sitio Lico II, barangay Sto. Domingo, municipality of
Vinzons, province of Camarines Norte, Philippines, and within the jurisdiction of the Honorable Court, the
above named accused, conspiring and mutually helping one another, with treachery and evident
premeditation, one of the accused Fernando Iligan armed with a bolo (sinampalok) and with deliberate
intent to kill, did then and there wilfully, unlawfully and feloniously, gang up and in a sudden unexpected
manner, hacked Esmeraldo Quiones, Jr., on his face, thus causing fatal injuries on the latters face
which resulted to (sic) the death of said Esmeraldo Quiones.
"CONTRARY TO LAW." cralaw virtua1aw library
Juan Macandog was never apprehended and he remains at large. At their arraignment on January 12,
1981 Fernando Iligan and Edmundo Asis pleaded not guilty to the crime charged. Thereafter, the
prosecution presented the following version of the commission of the crime. chanrobles.com.ph : virtual law library
At around 2:00 oclock in the morning of August 4, 1980, Esmeraldo Quiones, Jr. and his companions,
Zaldy Asis and Felix Lukban, were walking home from barangay Sto. Domingo, Vinzons, Camarines
Norte after attending a barrio fiesta dance. In front of the ricemill of a certain Almadrones, they met the
accused Fernando Iligan, his nephew, Edmundo Asis, and Juan Macandog. Edmundo Asis pushed
("winahi") them aside thereby prompting Zaldy Asis to box him. 2 Felix Lukban quickly told the group of
the accused that they had no desire to fight. 3 Fernando Iligan, upon seeing his nephew fall, drew from
his back a bolo and hacked Zaldy Asis but missed. Terrified, the trio ran pursued by the three accused.
They ran for about half an hour, passing by the house of Quiones, Jr. They stopped running only upon
seeing that they were no longer being chased. After resting for a short while, Quiones, Jr. invited the
two to accompany him to his house so that he could change to his working clothes and report for work
as a bus conductor. 4
While the trio were walking towards the house of Quiones, Jr., the three accused suddenly emerged on
the roadside and without a word, Fernando Iligan hacked Quiones, Jr. with his bolo hitting him on the
forehead and causing him to fall down. 5 Horrified, Felix Lukban and Zaldy Asis fled to a distance of 200
meters, but returned walking after they heard shouts of people. Zaldy Asis specifically heard someone
shout "May nadale na." 6
On the spot where Quiones, Jr. was hacked, Zaldy Asis and Felix Lukban saw him already dead with his
head busted. 7 They helped the brother of Quiones, Jr. in carrying him to their house. 8
That same day, August 4, 1980, the body of Quiones, Jr. was autopsied at the Funeraria Belmonte in
Labo, Camarines Norte by the municipal health officer, Dr. Marcelito E. Abas. The postmortem
examination report which is found at the back of the death certificate reveals that Esmeraldo Quiones,
Jr., who was 21 years old when he died, sustained the following injuries: jgc:chanrobles.com.ph
"1. Shock and massive cerebral hemorrhages due to multiple fracture of the entire half of the frontal
left, temporal, parietal and occipital bone of the head, with massive maceration of the brain tissue.
"2. Other findings Incised wound at the right eyebrow, medial aspect measuring about 4 cms. in
length, 0.5 cm. in width and 0.5 cm. in depth, abrasion on the left shoulder and right side of the neck."
9
The death certificate also indicates that Quiones, Jr. died of "shock and massive cerebral hemorrhages
due to a vehicular accident." cralaw virtua1aw library
The defendants denied having perpetrated the crime. They alleged that they were in their respective
houses at the time the crime was committed. chanrobles law library
Accused Fernando Iligan testified that at around midnight of August 4, 1980, he left his house to fetch
his visitors at the dance hall. 10 Along the way, he met his nephew, Edmundo Asis, whom he presumed
was drunk. He invited his nephew to accompany him to the dance hall. However, they were not able to
reach their destination because Edmundo was boxed by somebody whom he (Edmundo) sideswiped. 11
Instead, Fernando Iligan brought his nephew home. 12 On their way, they were overtaken by Juliano
Mendoza whom Fernando Iligan invited to his house to help him cook. 13 After bringing his nephew
home, Fernando Iligan and Juliano Mendoza proceeded to Iligans house and arrived there between 1:30
and 2:00 oclock in the morning of the same day. 14
Edmundo Asis corroborated Iligans testimony. He testified that while they were walking in front of the
Almadrones ricemill, he sideswiped someone whom he did not recognize because there were several
persons around. He said, "Sorry, pare" but the person to whom he addressed his apology boxed him on
his left face. He fell down and Iligan helped him. Later, Iligan accompanied him to his home in Lico II. 15
After Iligan and Juliano Mendoza had left his house, he slept and woke up at 7:00 oclock the following
morning. 16
The defense made capital of the testimony of prosecution witness Dr. Abas to the effect that Quiones,
Jr. died because of a vehicular accident. In ruling out said theory, however, the lower court, in its
decision of May 7, 1986, said:
jgc:chanrobles.com.ph
"The accused, to augment their alibi, have pointed to this Court that the Certificate of Death have shown
that the victims death was caused by a vehicular accident. To this, notwithstanding, the Court cannot
give credit for some reasons. First, the fact of the alleged vehicular accident has not been fully
ENTERPRISES, ET AL. v. INSULAR BANK OF ASIA AND
AMERICA, ET AL.
G.R. No. 86500 November 21, 1990 - LEONARDO
SALAS v. COURT OF APPEALS, ET AL.
G.R. Nos. 89418-19 November 21, 1990 - PEOPLE OF
THE PHIL. v. RODOLFO ASPILI, ET AL.
G.R. No. 90591 November 21, 1990 - AMOR D.
DELOSO v. MANUEL C. DOMINGO, ET AL.
G.R. No. 90669 November 21, 1990 - PEOPLE OF THE
PHIL. v. GERRY V. MAAGO
G.R. No. 92358 November 21, 1990 - OSCAR M.
ORBOS, ET AL. v. LEOPOLDO F. BUNGUBUNG, ET AL.
G.R. No. 94173 November 21, 1990 - DANIEL L.
BOCOBO v. COMMISSION ON ELECTIONS, ET AL.
G.R. Nos. 49664-67 November 22, 1990 -
PANTRANCO SOUTH EXPRESS, INC. v. BOARD OF
TRANSPORTATION, ET AL.
G.R. No. 79119 November 22, 1990 - VICTORINO E.
DAY v. REGIONAL TRIAL COURT OF ZAMBOANGA CITY,
BRANCH XIII, ET AL.
G.R. No. 82978 November 22, 1990 - MANILA
REMNANT CO., INC. v. COURT OF APPEALS, ET AL.
G.R. No. 93212 November 22, 1990 - DIOSDADO DE
VERA, ET AL. v. NATIONAL LABOR RELATIONS
COMMISSION, ET AL.
G.R. No. 53967 November 26, 1990 - ALFREDO
VELASCO, ET AL. v. BLAS OPLE, ET AL.
G.R. No. 75369 November 26, 1990 - PEOPLE OF THE
PHIL. v. FERNANDO J. ILIGAN, ET AL.
G.R. No. 83385 November 26, 1990 - GOVERNMENT
SERVICE INSURANCE SYSTEM v. SANDIGANBAYAN, ET
AL.
G.R. No. 86791 November 26, 1990 - ZENAIDA
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G.R. No. 58876 November 27, 1990 - ANICETO
RAMOS v. SANDIGANBAYAN, ET AL.
G.R. No. 74223 November 27, 1990 - JUNE PRILL
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AL.
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O. AJEJANDRO v. COURT OF APPEALS, ET AL.
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G.R. No. 72781 November 29, 1990 - PEOPLE OF THE
PHIL. v. BERNARDO D. VILORIA, JR.
G.R. No. 64398 November 6, 1990 - JOSE CHING SUI
YONG v. INTERMEDIATE APPELLATE COURT, ET AL.
G.R. No. 74761 November 6, 1990 - NATIVIDAD V.
ANDAMO, ET AL. v. INTERMEDIATE APPELLATE COURT,
ET AL.
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COMMUNICATIONS ASSOCIATION OF THE
PHILIPPINES, INC. v. RAINERIO O. REYES, ET AL.
G.R. No. 68282 November 8, 1990 - RAQUEL CHAVEZ,
ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.
G.R. No. 75450 November 8, 1990 - OSMUNDO
MEDINA, ET AL. v. MACARIO A. ASISTIO, JR.
G.R. No. 88831 November 8, 1990 - MATEO CAASI v.
COURT OF APPEALS, ET AL.
G.R. No. 92103 November 8, 1990 - VIOLETA T.
TEOLOGO v. CIVIL SERVICE COMMISSION, ET AL.
G.R. Nos. 71163-65 November 9, 1990 - CARLITO P.
give credit for some reasons. First, the fact of the alleged vehicular accident has not been fully
established. Second, Esmeraldo Quiones, Sr., (the) father of the victim, testified that Dr. Abas told him
that if his son was hacked by a bolo on the face and then run over the entire head by a vehicles tire,
then that hacking on the face could not be visibly seen on the head (t.s.n., pp. 16-17, October 13, 1981)
Third, Exhibit 2 (the photograph of the victim taken immediately after his body had been brought
home) is a hard evidence. It will attestly (sic) show that the entire head was not crushed by any vehicle.
On the contrary, it shows that only half of the face and head, was damaged with the wound starting on a
sharp edge horizontally. There are contusions and abrasions on the upper left shoulder and on the neck
while the body downwards has none of it, while on the right forehead there is another wound caused by
a sharp instrument. Therefore, it is simple, that if the victim was run over by a vehicle, the other half
portion of his head and downward part of his body must have been likewise seriously damaged, which
there are none." 17
The lower court also found that Iligans group conspired to kill anyone or all members of the group of the
victim to vindicate the boxing on the face of Edmundo Asis. It appreciated the aggravating
circumstances of evident premeditation and treachery and accordingly convicted Iligan and Edmundo
Asis of the crime of murder and imposed on them the aforementioned penalty.
Iligan and Edmundo Asis interposed this appeal professing innocence of the crime for which they were
convicted. For the second time, they attributed Quiones, Jr.s death to a vehicular accident.
No eyewitnesses were presented to prove that Quiones, Jr. was run over by a vehicle. The defense
relies on the testimony of Dr. Abas, a prosecution witness, who swore that the multiple fracture on the
head of Quiones, Jr. was caused by a vehicular accident 18 which opinion was earlier put in writing by
the same witness in the postmortem examination. Dr. Abas justified his conclusion by what he
considered as tire marks on the victims left shoulder and the right side of his neck. 19 He also testified
that the incised wound located at the victims right eyebrow could have been caused by a sharp bolo but
it was so superficial that it could not have caused the victims death. 20
Circumstantial evidence on record indeed point to the veracity of the actual occurrence of the vehicular
mishap. One such evidence is the testimony of prosecution witness Zaldy Asis that when he helped bring
home the body of Quiones, Jr., he told the victims father, Esmeraldo Quiones, Sr. that "before
Esmeraldo Quiones (Jr.) was run over by a vehicle, he was hacked by Fernando Iligan." 21 When asked
why he mentioned an automobile, Zaldy Asis said that he did not notice any vehicle around but he
mentioned it "because his (Quiones, Jr.) head was busted." 22 It is therefore not farfetched to conclude
that Zaldy Asis had actual knowledge of said accident but for understandable reasons he declined to
declare it in court. Defense witness Marciano Mago, the barangay captain of Sto. Domingo, also testified
that when he went to the scene of the crime, he saw bits of the brain of the victim scattered across the
road where he also saw tire marks. 23
For its part, the prosecution, through the victims father, presented evidence to the effect that Iligan
authored the maceration of half of the victims head. Quiones, Sr. testified that from their house, which
was about five meters away from the road, he saw Fernando Iligan holding a "sinampalok" as he,
together with Edmundo Asis and Juan Macandog, chased someone. During the second time that he saw
the three accused, he heard Iligan say, "Dali, ayos na yan." 24 Hence, the lower court concluded that
the victims head was "chopped" resulting in the splattering of his brain all over the place. 25 It should
be emphasized, however, that the testimony came from a biased witness and it was uncorroborated.
While the factual findings of the trial court are generally given due respect by the appellate court, an
appeal of a criminal case throws it open for a complete review of all errors, by commission or omission,
as may be imputable to the trial court. 26 In this instance, the lower court erred in finding that the
maceration of one half of the head of the victim was also caused by Iligan for the evidence on record
point to a different conclusion. We are convinced beyond peradventure that indeed, after Quiones, Jr.
had fallen from the bolo-hacking perpetrated by Iligan, he was run over by a vehicle. This finding,
however, does not in any way exonerate Iligan from liability for the death of Quiones, Jr.
chanrobles.com : virtual law library
Under Article 4 of the Revised Penal Code, criminal liability shall be incurred "by any person committing
a felony (delito) although the wrongful act done be different from that which he intended." Based on the
doctrine that "el que es causa de la causa es causa del mal causado" (he who is the cause of the cause
is the cause of the evil caused), 27 the essential requisites of Article 4 are: (a) that an intentional felony
has been committed, and (b) that the wrong done to the aggrieved party be the direct, natural and
logical consequence of the felony committed by the offender. 28 We hold that these requisites are
present in this case.
The intentional felony committed was the hacking of the head of Quiones, Jr. by Iligan. That it was
considered as superficial by the physician who autopsied Quiones is beside the point. What is material
is that by the instrument used in hacking Quiones, Jr. and the location of the wound, the assault was
meant not only to immobilize the victim but to do away with him as it was directed at a vital and delicate
part of the body: the head. 29
The hacking incident happened on the national highway 30 where vehicles are expected to pass any
moment. One such vehicle passed seconds later when Lukban and Zaldy Asis, running scared and having
barely negotiated the distance of around 200 meters, heard shouts of people. Quiones, Jr., weakened
by the hacking blow which sent him to the cemented highway, was run over by a vehicle.
Under these circumstances, we hold that while Iligans hacking of Quiones, Jr.s head might not have
been the direct cause, it was the proximate cause of the latters death. Proximate legal cause is defined
as "that acting first and producing the injury, either immediately or by setting other events in motion, all
constituting a natural and continuous chain of events, each having a close causal connection with its
immediate predecessor, the final event in the chain immediately effecting the injury as a natural and
probable result of the cause which first acted, under such circumstances that the person responsible for
the first event should, as an ordinarily prudent and intelligent person, have reasonable ground to expect
at the moment of his act or default that an injury to some person might probably result therefrom." 31
In other words, the sequence of events from Iligans assault on him to the time Quiones, Jr. was run
over by a vehicle is, considering the very short span of time between them, one unbroken chain of
events. Having triggered such events, Iligan cannot escape liability.
chanrobles law library
We agree with the lower court that the defense of alibi cannot turn the tide in favor of Iligan because he
 G.R. Nos. 71163-65 November 9, 1990 - CARLITO P.
BONDOC v. SANDIGANBAYAN, ET AL.
G.R. No. 76487 November 9, 1990 - JOHN Z. SYCIP v.
COURT OF APPEALS, ET AL.
G.R. No. 80916 November 9, 1990 - C.T. TORRES
ENTERPRISES, INC. v. ROMEO J. HIBIONADA, ET AL.
G.R. No. 83897 November 9, 1990 - ESTEBAN B. UY,
JR., ET AL. v. COURT OF APPEALS, ET AL.
G.R. No. 85740 November 9, 1990 - MANUEL P.
PARCON v. COURT OF APPEALS, ET AL.
G.R. No. 92024 November 9, 1990 - ENRIQUE T.
GARCIA v. BOARD OF INVESTMENTS, ET AL.
G.R. No. 92349 November 9, 1990 - MARIA LUISA
ESTOESTA v. COURT OF APPEALS, ET AL.
G.R. No. 92481 November 9, 1990 - MANUEL G.
VIRAY, ET AL. v. COURT OF APPEALS, ET AL.
G.R. No. 94291 November 9, 1990 - DAGUPAN BUS
COMPANY, INC. v. NATIONAL LABOR RELATIONS
COMMISSION, ET AL.
G.R. No. 94339 November 9, 1990 - PEOPLE OF THE
PHIL. v. ROLANDO TALINGDAN, ET AL.
G.R. No. 59957 November 12, 1990 - CENTRAL BANK
OF THE PHIL, ET AL. v. RAFAEL DE LA CRUZ, ET AL.
G.R. No. 72603 November 12, 1990 - GALICANO
CALAPATIA, JR. v. HACIENDA BENITO, INC., ET AL.
G.R. Nos. 87760-61 November 12, 1990 - PEOPLE OF
THE PHIL. v. JULIO TENEBRO
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CAPULE, ET AL. v. NATIONAL LABOR RELATIONS
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PHIL. v. ROLANDO CRUZ
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PHIL. v. WARLITO FABRO
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SIMPAO v. CIVIL SERVICE COMMISSION, ET AL.
G.R. No. 48646 November 16, 1990 - STAR
FORWARDERS, INC. v. MIGUEL R. NAVARRO, ET AL.
G.R. No. 72110 November 16, 1990 - ROMAN
CATHOLIC BISHOP OF MALOLOS, INC. v.
INTERMEDIATE APPELLATE COURT, ET AL.
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MARKETING CENTER, INC. v. RAUL NICOLAS, ET AL.
G.R. No. 84873 November 16, 1990 - ERLE PENDON
v. COURT OF APPEALS, ET AL.
G.R. No. 87636 November 19, 1990 - NEPTALI A.
GONZALES, ET AL. v. CATALINO MACARAIG, JR., ET AL.
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ENTERPRISES, ET AL. v. INSULAR BANK OF ASIA AND
AMERICA, ET AL.
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SALAS v. COURT OF APPEALS, ET AL.
G.R. Nos. 89418-19 November 21, 1990 - PEOPLE OF
THE PHIL. v. RODOLFO ASPILI, ET AL.
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G.R. No. 90669 November 21, 1990 - PEOPLE OF THE
was positively seen at the scene of the crime and identified by the prosecution witnesses. 32
But we disagree with the lower court with regards to its findings on the aggravating circumstances of
treachery and evident premeditation. Treachery has been appreciated by the lower court in view of the
suddenness of the attack on the group of Quiones, Jr. Suddenness of such attack, however, does not by
itself show treachery. 33 There must be evidence that the mode of attack was consciously adopted by
the appellant to make it impossible or hard for the person attacked to defend himself. 34 In this case,
the hacking of Edmundo Asis by Iligan followed by the chasing of the trio by the group of Iligan was a
warning to the deceased and his companions of the hostile attitude of the appellants. The group of
Quiones, Jr. was therefore placed on guard for any subsequent attacks against them. 35
The requisites necessary to appreciate evident premeditation have likewise not been met in this case.
Thus, the prosecution failed to prove all of the following: (a) the time when the accused determined to
commit the crime; (b) an act manifestly indicating that the accused had clung to their determination to
commit the crime; and (c) the lapse of sufficient length of time between the determination and
execution to allow him to reflect upon the consequences of his act. 36
Absent any qualifying circumstances, Iligan must be held liable only for homicide. Again, contrary to the
lower courts finding, proof beyond reasonable doubt has not been established to hold Edmundo Asis
liable as Iligans co-conspirator. Edmundo Asis did not take any active part in the infliction of the wound
on the head of Quiones, Jr., which led to his running over by a vehicle and consequent death. As earlier
pointed out, the testimony that he was carrying a stone at the scene of the crime hardly merits
credibility being uncorroborated and coming from an undeniably biased witness. Having been the
companion of Iligan, Edmundo Asis must have known of the formers criminal intent but mere
knowledge, acquiescense or approval of the act without cooperation or agreement to cooperate, is not
enough to constitute one a party to a conspiracy. There must be intentional participation in the act with
a view to the furtherance of the common design and purpose. 37 Such being the case, his mere
presence at the scene of the crime did not make him a co-conspirator, a co-principal or an accomplice to
the assault perpetrated by Iligan. 38 Edmundo Asis therefore deserves exoneration.
There being no mitigating circumstance, the penalty imposable on Iligan is reclusion temporal medium
(Arts. 249 and 64, Revised Penal Code). Applying the Indeterminate Sentence Law, the proper penalty is
that within the range of prision mayor as minimum and reclusion temporal medium as maximum. We
find insufficient proof to warrant the award of P256,960 for the victims unrealized income and therefore,
the same is disallowed. cralawnad
WHEREFORE, appellant Fernando Iligan y Jamito is hereby convicted of the crime of homicide for which
he is imposed the indeterminate penalty of six (6) years and one (1) day of prision mayor as minimum
to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal medium as maximum
and he shall indemnify the heirs of Esmeraldo Quiones, Jr. in the amount of fifty thousand pesos
(P50,000). Appellant Edmundo Asis is hereby acquitted of the crime charged against him. Costs against
appellant Iligan.
SO ORDERED.
Gutierrez, Jr and Bidin, JJ., concur.
Feliciano, J., is on leave.
Endnotes:
1. Presided by Judge Luis D. Dictado.
2. TSN, February 12, 1981, pp. 54-55.
3. TSN, February 11, 1981, p. 7.
4. TSN, February 12, 1981, pp. 57-58.
5. Ibid., pp. 58-59.
6. Ibid., p. 59.
7. Ibid., p. 63.
8. Ibid., pp. 59-60.
9. Exh. A.
10. TSN, May 11, 1983, p. 316.
11. Ibid., pp. 317-318.
12. Ibid., p. 319.
13. Ibid., pp. 320, 322-323.
14. Ibid., p. 325.
15. TSN, August 29, 1983, pp. 349-350.
16. Ibid., p. 351.
17. Decision, pp. 8-9.
18. TSN, September 2, 1981, p. 114.
 G.R. No. 90669 November 21, 1990 - PEOPLE OF THE
18. TSN, September 2, 1981, p. 114.
PHIL. v. GERRY V. MAAGO
19. Ibid., p. 121.
G.R. No. 92358 November 21, 1990 - OSCAR M.
ORBOS, ET AL. v. LEOPOLDO F. BUNGUBUNG, ET AL. 20. Ibid., pp. 114-116.

G.R. No. 94173 November 21, 1990 - DANIEL L. 21. TSN, February 12, 1981, p. 60.
BOCOBO v. COMMISSION ON ELECTIONS, ET AL.
22. Ibid., p. 63.
G.R. Nos. 49664-67 November 22, 1990 -
PANTRANCO SOUTH EXPRESS, INC. v. BOARD OF 23. TSN, February 24, 1982, pp. 196 & 208-209.
TRANSPORTATION, ET AL.

24. TSN, January 19, 1982, pp. 157-163.

G.R. No. 79119 November 22, 1990 - VICTORINO E.
DAY v. REGIONAL TRIAL COURT OF ZAMBOANGA CITY,
BRANCH XIII, ET AL.
25. Decision, p. 8.

G.R. No. 82978 November 22, 1990 - MANILA 26. People v. Valerio, Jr., L-4116, February 25, 1982, 112 SCRA 208, 231.
REMNANT CO., INC. v. COURT OF APPEALS, ET AL.
27. People v. Ural, G.R. No. L-30801, March 27, 1974, 56 SCRA 138, 144.
G.R. No. 93212 November 22, 1990 - DIOSDADO DE
VERA, ET AL. v. NATIONAL LABOR RELATIONS 28. People v. Mananquil, L-35574, September 28, 1984, 132 SCRA 196, 207.
COMMISSION, ET AL.
29. See: People v. Diana, 32 Phil. 344 (1915).
G.R. No. 53967 November 26, 1990 - ALFREDO
VELASCO, ET AL. v. BLAS OPLE, ET AL.
30. TSN, February 11, 1981, p. 8.
G.R. No. 75369 November 26, 1990 - PEOPLE OF THE
PHIL. v. FERNANDO J. ILIGAN, ET AL. 31. Urbano v. Intermediate Appellate Court, G.R. No. 72964, January 7, 1988, 157 SCRA
1 quoting Vda. de Bataclan v. Medina, 102 Phil. 181.
G.R. No. 83385 November 26, 1990 - GOVERNMENT
SERVICE INSURANCE SYSTEM v. SANDIGANBAYAN, ET
32. People v. Pineda, G.R. No. 72400, January 15, 1988, 157 SCRA 71.
AL.

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33. People v. Gadiano, L-31818, July 30, 1982, 115 SCRA 559.
34. People v. Crisostomo, L-32243, April 15, 1988, 160 SCRA 47.
35. People v. Mercado, L-33492, March 30, 1988, 159 SCRA 455.

G.R. No. 74223 November 27, 1990 - JUNE PRILL 36. People v. Batas, G.R. Nos. 84277-78, August 2, 1989, 176 SCRA 46.
BRETT, ET AL. v. INTERMEDIATE APPELLATE COURT, ET
AL. 37. People v. Izon, 104 Phil. 690 (1958).

G.R. Nos. 84572-73 November 27, 1990 - ALFONSO

38. Orobio v. Court of Appeals, G.R. No. 57519, September 13, 1988, 165 SCRA 316.
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PHIL. v. FERNANDO J. ILIGAN, ET AL.

G.R. No. 83385 November 26, 1990 - GOVERNMENT

SERVICE INSURANCE SYSTEM v. SANDIGANBAYAN, ET
AL.

G.R. No. 86791 November 26, 1990 - ZENAIDA

BOLOR CHANG v. CIVIL SERVICE COMMISSION, ET AL.

G.R. No. 58876 November 27, 1990 - ANICETO

RAMOS v. SANDIGANBAYAN, ET AL.

G.R. No. 74223 November 27, 1990 - JUNE PRILL

BRETT, ET AL. v. INTERMEDIATE APPELLATE COURT, ET
AL.

G.R. Nos. 84572-73 November 27, 1990 - ALFONSO

O. AJEJANDRO v. COURT OF APPEALS, ET AL.

G.R. No. 90314 November 27, 1990 - LOIDA Q.

SHAUF, ET AL. v. COURT OF APPEALS, ET AL.

A.C. No. 2115 November 27, 1990 - FELICIDAD

BARIAN TAN v. GALILEO J. TROCIO

G.R. Nos. 91592-93 November 28, 1990 - PEOPLE OF

THE PHIL. v. BENJAMIN JOLIPAS

G.R. No. 72781 November 29, 1990 - PEOPLE OF THE

PHIL. v. BERNARDO D. VILORIA, JR.

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