BELOW!

SEP 2, 2009

Criminal Law- People of the R.P. vs. Pugay

THIS CASE IS WITH REGARD TO ART. 3(2) & 8(2) OF THE R.P.C.

"A Conspiracy exists when two or more people come to an agreement concerning the commission of a
felony and decide to commit it."

"A man must use common sense, and exercise due reflection in all his acts; it is his duty to be cautious,
careful and prudent, if not from instinct, then through fear of incurring punishment."

Case of People of the R.P. vs. Pugay

No. L-74324 17November1988

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 (prison mayor)
as mimimum to 20 years (prison 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 (they
were drunk), and they started making fun of Bayani Miranda. Pugay after making fun of the Bayani, took
a can of gasoline and poured its contents on the latter, Gabion (principal witness) told Pugay not to do
the deed. Then Samson set Miranda on fire making a human torch out of him. They were arrested the
same night and barely a few hours after the incident gave their written statements.

ISSUES OF THE CASE:

Is conspiracy present in this case to ensure that murder can be the crime? If not what are the criminal
responsibilities of the accused?

There is no:
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 be proof as to the existence of a
previous agreement to commit a crime. It is sufficient if, at the time of commission of the crime, the
accused had the same purpose and were united in its executed.
Since there was no animosity between miranda and the accused, and add to the that that the meeting
at the scene of the incident was purely coincidental, and the main intent of the accused is to make fun
of miranda.
Since there is no conspiracy that was proven, the respective criminal responsibility of Pugay and Samson
arising from different acts directed against miranda is individual NOT collective and each of them is
liable only for the act that was committed by him.

**Conspiracy may be implied from concerted action of the assailants in confronting the victim.

Criminal Responsibilities:
PUGAY: Having failed to exercise diligence necessary to avoid every undesirable consequence arising
from any act committed by his companions who at the same time were making fun of the deceased. -
GUILTY OF RECKLESS IMPRUDENCE RESULTING TO HOMICIDE

SAMSON:Since there are NO sufficient evidence that appears in the record establishing qualifying
circumstances (treachery, conspiracy). And granted the mitigating circumstance that he never INTENDED
to commit so grave a wrong. - GUILTY OF HOMICIDE

HELD:
JUDGEMENT OF THE LOWER COURT WAS AFFIRMED WITH MODIFICATIONS. JUDGEMENT FOR GUILTY
BEYOND REASONABLE DOUBT FOR MURDER WAS LOWERED TO THE ABOVE JUDGEMENTS.