[G.R. No. 121828. June 27, 2003] PEOPLE OF THE PHILIPPINES, appellee, vs.

EDMAR AGUILOS, ODILON LAGLIBA Y ABREGON and RENE GAYOT PILOLA, accused, RENE GAYOT PILOLA, appellant.
FACTS Joselito Capa and Julian Azul was drinking in a store in Mandaluyong, while in the midst of the drinking spree, Edmar Aguilos and Odilon Lagliba, arrived and they were invited to join the drinking. During the course of the drinking, Edmar had an argument with the Julian that led to a commotion of the store, Edmar punched Julian in the face, the latter and the former exchanged punches. Joselito intervened to stop the fight,. But the Odilon grabbed the Joselito the neck and stabbed the latter with a knife, Ronnie and accused arrived at the scene and they saw their gang mate, Odilon, stabbing the victim, they immediately pulled out their knives and subsequently stabbed the victim, Ronnie bashed a hollow block and a bottle to the head of the victim, the three accused fled from the scene of the crime. Leaving the victim dead on the spot. ISSUE Whether or not the accused should be considered as a co- principal in the commission of the crime and not merely an accomplice HELD The direct participation of the accused in stabbing the victim, resulting to the victims accelerated death, constitutes to conspiracy. The overt act executed by accused qualifies the latter to be a co-principal in the crime. Article 17 of the revised Penal Code states: Principals The following are considered principals 1. Those who take direct part in the execution of the act (emphasis provided) 2. Those who directly force or induce others to commit it 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished All the overt acts of Odilon, Ronnie and the appellant before, during, and after the stabbing incident indubitably show that they conspired to kill the victim. In this case, Odilon all by himself initially decided to stab the victim. The appellant and Ronnie were on the side of the street. However, while Odilon was stabbing the victim, the appellant and Ronnie agreed to join in; they rushed to the scene and also stabbed the victim with their respective knives. The three men simultaneously stabbed the hapless victim. Odilon and the appellant fled from the scene together, while Ronnie went after Julian. When he failed to overtake and collar Julian, Ronnie returned to where Joselito fell and hit him with a hollow block and a broken bottle. Ronnie then hurriedly left. All the overt acts of Odilon, Ronnie and the appellant before, during, and after the stabbing incident indubitably show that they conspired to kill the victim.