RICARDO BACABAC v.

PEOPLE OF THE PHILIPPINES 532 SCRA 557 (2007)

Bacabac’s failure to assist the victims after the shooting reinforces this Court’s appreciation of
community of design between him and his co-accused to harm the victims. Following a
heatedargument in a dance hall which resulted in a brawl, Jose Talanquines, Jr. (Jose), and Edzel
Talanquines (Edzel), herein referred to as Talanquines brothers, proceeded to confront their
enemies armed with guns. They were accompanied by Jonathan Bacabac, Pat. Ricardo Bacabac,
and Jesus Delfin (Jesus). In the dance hall, they encountered Hernani Quidato
and Eduardo Selibio. After a physical confrontation, The Talanquines brothers shot Quidato and
Selibio. Quidato and Selibio later died from their wounds. The Talanquines brothers, together
with Jonathan Bacabac, Pat. Ricardo Bacabac, and Jesus Delfin was charged and found guilty of
the crime of Murder. Ricardo Bacabac (Bacabac) appealed his conviction, contending that he
cannot be deemed to be in conspiracy with the other accused because he was not the one who
pulled the trigger. He also alleged that even if he was convicted of Murder, in gratis argumenti,
the correctness of the pronouncement of guilt should have been attended by the mitigating
circumstance of immediate vindication of a grave offense, in the same manner as the other
accused.

ISSUE:

Whether or not there is conspiracy among Jonathan Bacabac, Pat. Ricardo Bacabac, and
Jesus Delfin in the murder of the victims.

HELD:

Bacabac‘s failure to assist the victims after the shooting reinforces this Court’s appreciation of
community of design between him and his co-accused to harm the victims. What is decisive in
treachery is that “the attack was executed in such a manner as to make it impossible for the
victim to retaliate.” In the case at bar, petitioner, a policeman, and his co-accused were armed
with two M-16 armalites and a revolver. The victim and his companions were not armed. The
attack was sudden and unexpected, and the victim was already kneeling in surrender when he
was shot the second time. Clearly, the victim and his companion Eduardo had no chance to
defend themselves or retaliate. Conspiracy presupposes the existence of evident premeditation
does not necessarily imply that the converse ─ that evident premeditation presupposes the
existence of a conspiracy ─ is true. In any event, a link between conspiracy and evident
premeditation is presumed only where the conspiracy is directly established and not where
conspiracy is only implied, as in the present case.