People v. Garchitorena, et al.

597 SCRA 420

Aug. 28, 2009
Leonardio-De Castro, J:

FACTS: On September 22, 1995 around 9pm, Dulce Bolero together with her brother Mauro
Biay were selling balut at Sta. Inez, Almeda Subdivision, Brgy Dela Paz, Binan, Laguna when
Jessie Gracia called and twisted his brother’s arm behind his back after his brother approached
him then his companion Joey Pamplona and Arnold Garchitorena began to stab his brother
repeatedly with shiny blade instrument. She saw his brother struggling to free himself while the
three accused being stabbed his brother and after felt face down on the ground. She wanted to
get some help but nothing came out from his mouth. Arnold ordered his companion to run away.
After they got away, Dulce immediately went home to call help from his elder brother Teodoro
Biay and to their surprise, the body of their brother Mauro was no longer in the scene. They
learned from the tricycle driver who brought Mauro to the hospital was pronounced death on
arrival. Dr. Rolando Poblete, the physician conducted an autopsy on the victim Mauro, testified
that the cause of death of the victim was hypovolemic shock secondary to multiple stab wounds
and eight (8) stab wounds was inflicted to the victim’s body with the use of one bladed
instrument. The RTC rendered a conviction of guilty beyond reasonable doubt of murder. The
accused appellant appealed to C.A, thus affirmed to the trial court’s decision. Hence this petition
that the defense of Joey Pamplona, he denied the allegation that he was seated on bench beside
Arnold when Arnold pulled out his knife and began to stab the victim and ran away to a store of
certain Mang Tony due to fear after Arnold stab the victim, defense of Jessie Garcia, he also
denied the allegations that he was not in the scene of the crime because he was still riding a bus
from blumenritt to binan and arrived at 11pm and defense of Arnold Garchitorena that he should
be exempted from the criminal liable for the reason of insanity.

Issue: Whether or not there’s a conspiracy on killing Mauro Biay.

Held: Yes. Conspiracy is said to exist when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it. The court gave importance to
the statement of witness Dulce who was near in the scene of the incident that while Jessie was
twisting the hand of the victim Mauro, Joey Pamplona, together with Arnold Garchitorena,
strangled Mauro Biay and straddled the Mauro Biay on the ground, then stabbed him. Thus,
Jessie and Joey conspired to commit the crime by helping Arnold to kill Mauro. Take note that
one who conspires to commit a crime is criminally liable to same extent of the actual perpetrator.