People vs Cual G.R. No.

131925 March 9, 2000 Facts: Accused-appellants Dario Cabanas Cual and Dario Maranan Villoceno were charged w ith the crime of murder. The information filed states that the two accused, arme d with a sharp bolo attacked and killed Ramil Macasalhig Sabturani. The trial court was of the impression that the prosecution's version of the even ts and witnesses was more credible than those of the defense. It struck down app ellant's tale of self-defense particularly of the contention of the defense that the victim was the aggressor and that he was armed with a lead pipe. The court also stated that the presence of 21 stab wounds could not have been inflicted wi thout the conspiracy and mutual participation of the two accused-appellants. Wit h respect to accused-appellant Dario Villoceno, the court was convinced that he was an accomplice to the murder as his act of grappling with the victim for the possession of a lead pipe gave accused-appellant Dario Cual the "necessary inspi ration and impetus in consummating the act of murder. The court held the two accused guilty sentencing Dario Cual to suffer the penalt y of imprisonment of Reclusion Perpetua for not being a heinous crime, and Dario Villoceno to suffer the penalty of Reclusion Temporal which is the next lower i n degree to that of reclusion perpetua. Issue: Whether or not the deliberate grappling of the victim by Villocenco for t he possession of a steel pipe was sufficient to hold him as an accomplice? Held: No. Under current jurisprudence, in order that a person may be considered an accompl ice, the following requisites must concur: (1) community of design; that is, kno wing the criminal design of the principal by direct participation, he concurs wi th the latter in his purpose; (2) that he cooperates in the execution of the off ense by previous or simultaneous acts, with the intention of supplying material and moral aid in the execution of the crime in an efficacious way; and (3) that there be a relation between the acts and those attributed to the person charged as an accomplice. In the case at bench, there is nothing in the records which show that accused-ap pellant Villoceno knew that accused Cual was going to hack Ramil Sabturani. Neit her was it shown accused-appellant Villoceno concurred in the criminal design of his co-accused. The only involvement of accused-appellant Cual in the incident was when he was e ngaged in a struggle with the victim just before Villoceno made his initial atta ck on the victim. This circumstance does not by itself show his unity with the c riminal design of Villoceno. On this point, we are inclined to believe his testi mony that the struggle was not deliberate on his part and that, in fact, it was the victim who initiated the struggle. The victim, who had just been deprived of a job opportunity by accused-appellant Cual, surely had more reason to feel agg rieved and thus engage accused-appellant Cual to a fight. The fact that accused-appellant Cual immediately disengaged from his struggle wi th the victim after Villoceno's attack is yet another indication that he is inno cent of the charge against him. Verily, if he had indeed conspired with Villocen o, he would have continued to hold the victim and prevent him from escaping unti l he expired from Villoceno's attack.