People vs Pugay

Note* this case is repeated

Facts:

Bayani Fernando and pugay are close friends. One evening in the town plaza of cavite where a fiesta was
being held. Bayani Fernando was along the ferris wheel, then came Pugay together with their other friends one of
them was Samson. They appeared to be drunk, and was making fun of Bayani. They made him dance by tickling his
ass with a wooden stick. Afterwards, Pugay poured gasoline unto the clothes of Bayani then, Samson without
hesitation, lit a fire then threw it on the part where the gasoline was poured unto bayani. Eventually, he was caught
on fire. People started pouring water and sand unto him.

Accused’s contention:

Pugay: although he admitted that he was the one who poured the liquid unto bayani, he said that he never knew that
it was gasoline. Moreover, he and Bayani are close friends and that it wasnt his intention to kill Bayani. He was only
messing around ( biruang barkada).

Samson: Samson on the other hand said that, he saw Pugay pour the gasoline but did not see who lit the fire. He
also added that he did not know that what was poured was gasoline

State’s contention:

the state stated that it was evident that the smell of the liquid was clearly foul and can be determined by anyone as a
gasoline. he failed to exercise all the diligence necessary to avoid every undesirable consequence arising from any
act that may be committed by his companions who at the time were making fun of the deceased. 

Held:

It can be conceded that the appellants had no intention to kill Bayani Fernando. It was an act of making fun of him.
So, it is also in this manner, that since the appellant did not intend to commit so grave a wrong as that committed.
Hence, to be given the mitigating circumstance.

Ruling

The proper penalty that the accused Samson must suffer is an indeterminate one ranging from eight (8) years
of prision mayor, as minimum, to fourteen (14) years of reclusion temporal, as maximum.

The lower court held the accused solidarily liable for P13,940.00, the amount spent by Miranda's parents for his
hospitalization, wake and interment. The indemnity for death is P30,000.00. Hence, the indemnity to the heirs of the
deceased Miranda is increased to P43,940.00.

Both accused shall be jointly and severally liable for the aforesaid amount plus the P10,000.00 as moral damages
and P5,000.00 as exemplary damages as found by the court a quo.