Topic Proposal and conspiracy

Case title: People v Gilbert Elijorde and Reynaldo Punzalan

G.R NO. 126531 April 21, 1999

Issue: Whether Punzalan is guilty of murder by reason of conspiracy

Facts:
- In the evening of may 21, 1995, at around 6 pm, Eric Hierro and Benjamin Visbal went
out from Rodel Contemplados house where they were drinking to buy mango at a
nearby sari-sari store
- Accused Gilbert Elijorde, Reynaldo Punzalan and Edwin menes were at the time in front
of the store. As Menes approached Hierro, the latter warned Menes “Don’t touch me, my
clothes will get dirty.” Suddenly Menes punched Hierro on the face, followed by Elijorde
who also boxed Hierro on the face, and punzalan who kicked hierro at the back.
- Hierro and Visbal ran and sought shelter at the contempladoshouse. some three minutes
later, Hierro proceeded home together with visbal and the latter’s wife. As they walked
home they noticed the accused Elijorde, Punzalan and Menes waiting for them and as
they near, Punzalan kicked Hierro at the back for the second time.
- Hierro ran away pursued by Elijorde and upon overtaking the former, the latter stabbed
him at the back. Hierro fell down and Elijorde placed himself on top of Hierro who was
now raising his arms defensively and pleading, “Maawa na kayo, huwag ninyo akong
patayin, wala akong kasalanan sa inyo”
- Despite pleas of mercy, Elijorde stabbed Heirro with a knife on the chest and fled. Hierro
died soon after at the hospital. Charged before the trial court, accused Elijorde and
Punzalan were convicted of murder and were sentenced to suffer the penalty of death.

Held:

Yes, Sc sustained the conviction of Elijorde but ruled to acquit Punzalan

- With respect to accused Reynaldo Punzalan, the court held that it cannot assert with
moral certainty that he is guilty of murder because to convict him as a principal by direct
participation in the instant case, it is necessary that conspiracy between him and co-
accused Elijorde be proved.
- This is precisely wanting in the present case. To hold an accused guilty as co-principal
by reason of conspiracy, he must shown to have performed an overt act in pursuance or
furtherance of the complicity
- Conspiracy exist in a situation where at the time the malefactors were committing the
crime, their actions impliedly showed unity of purpose among them, a concerted effort to
bring about the death of the victim. On the basis of the testimony, the only involvement
of Punzalan was kicking Hierro at the back before the latter was pursued and stabbed by
the accused Elijorde
- After kicking the victim, Punzalan remained where he was and did not cooperate with
elijorde in pursuing Hierro to ensure that the latter would be killed
- There is no other evidence to show unity of purpose and design between Punzalan and
Elijorde in the execution of the killing, which is essential to establish conspiracy. His act
of kicking Hierro prior to the actual stabbing by Elijorde does not of itself demonstrate
concurrence of will or unity of purpose and action