G.R. No.

L-74324 November 17, 1988

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
FERNANDO PUGAY y BALCITA, & BENJAMIN SAMSON y MAGDALENA, accused-appellants.
MEDIALDEA, J.:
Facts of the Case:
The accused are pronounced by the RTC of Cavite guilty beyond reasonable doubt for the crime of murder of
Bayani Miranda and sentencing them to a prison term ranging from 12 years (prision mayor as minimum to 20
years (prision temporal) as maximum and for Samson to be sentenced to reclusion perpetua.
Miranda and the accused Pugay are friends. Miranda used to run errands for Pugay and they used to sleep
together. On the evening of May 19, 1982 a town fiesta was held in the public plaza of Rosario, Cavite. Sometime
after midnight accused Pugay and Samson with several companions arrived drunk and started making fun of
Miranda. Pugay after making fun of Miranda, took a can of gasoline and poured its contents on the latter, despite
Gabion telling Pugay not to do the deed. Still, Samson set Miranda on fire making a human torch out of him.
Issue:
Is conspiracy present in this case to ensure that murder can be the crime?
Is Pugay criminally liable?
Ruling:
Is conspiracy present in this case to ensure that the crime of murder is also present?
There is NO conspiracy in this case. Conspiracy is determined when two or more persons agree to commit a felony
and decide to commit it. Conspiracy must be proven with the same quantum of evidence as the felony itself, more
specifically by proof beyond reasonable doubt. It is not essential that there must be proof as to the existence of a
previous agreement to commit a crime. However, it is sufficient if at the time of the commission of the crime, the
accused has the same purpose and were united and executed.
In the case at bar, there was no animosity between Miranda and the accused; to add that at the commission of the
crime, the accuseds intent was purely coincidental since he is under the influence of liquor at the commission of
the crime.
Since there was NO conspiracy to speak of, the respective criminal responsibility of Pugay and Samson arising from
different acts directed against Miranda is individual and not collective and each of them is liable only on the act
that was committed by him.
Is Pugay criminally liable?
Having failed to exercise the diligence necessary to avoid every undesirable consequence arising from every act
committed by his companions who at the same time were making fun of the deceased, Pugay is guilty of reckless
imprudence resulting to homicide.