PEOPLE VS PUGAY
GR No. L-74324
November 17, 1988
THE PEOPLE OF THE PHILIPPINES, plaintiff- appellee, vs. FERNANDO
PUGAY y BALCITA, & BENJAMIN SAMSON y MAGDALENA, accused-
appellants
Ponente: Medialdea, J.
SHORT VERSION:
Samson and Pugay were charged with the crime of murder.
Samson and Pugay, committed the crime with the qualifying
circumstance of treachery and the aggravating circumstance
of evident premeditation and superior strength.
FACTS:
May 19, 1982, a town fiesta was held in the public plaza of
Rosario, Cavite. Sometime after midnight, Eduardo Gabion
was sitting in the ferris wheel and reading a comic book.
Later, Pugay and Samson with several companions arrived at
the scene seemingly drunk.
The group saw Bayani Miranda and started making fun of
him by tickling him with a piece of wood.
Pugay suddenly took a can of gasoline and poured its
contents on Miranda. Gabion asked Pugay to stop during
the process of pouring the gasoline.
Then Samson set Miranda on fire.
ISSUE/HELD:
WON Pugay and Samson are guilty of the crime murder.
(NO)
RATIO:
There was no evidence found that Pugay and Samson
planned to kill Miranda. Their meeting was accidental and
the accused were merely making fun of the deceased-
victim.
Criminal responsibility of Pugay and Samson are counted as
individual acts and they are held liable only for the acts they
committed individually.
Pugay should have known that what he was pouring on
Miranda was gasoline because of its smell. He failed to
exercise diligence necessary to avoid the consequences of
his actions and exposed Miranda to danger and injury.
Pugay is guilty of homicide through reckless imprudence.
Samson just wanted to set Mirandas clothes on fire but this
doesnt relieve him of criminal liability (Art. 4).
Samson is guilty of homicide credited with ordinary
mitigating circumstance of no intention to commit so grave
a wrong.
Gabion testified that accused were stunned when they
noticed Miranda burning.
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 JUDGEMENT OF THE LOWER COURT WAS AFFIRMED
coincidental, and the main intent of the accused WITH MODIFICATIONS. JUDGEMENT FOR GUILTY
is to make fun of miranda. BEYOND REASONABLE DOUBT FOR MURDER WAS
Since there is no conspiracy that was proven, the LOWERED TO THE ABOVE JUDGEMENTS.
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: