PEOPLE OF THE PHILIPPINES VS XXX:andYYY
G.R. No. 242474 I September 16, 2020 I ***Accordingly, because conspiracy was
CARANDANG established, there is no need to determine who
among the accused delivered the fatal blow. All of
The issue for the Court's resolution is whether the accused are liable as principals regardless of the
accused-appellants are guilty of the crime of extent and character of their participation, for in
Murder. conspiracy the act of one is the act of all.
In determining whether the killing was committed ------
with treachery, two conditions must be present,
namely: ***Self-defense is an affirmative allegation and
(1) the employment of means of execution that offers exculpation from liability for crimes only if
gives the person attacked no opportunity to satisfactorily proved.75 Indeed, in invoking self-
defend himself or to retaliate; and defense, the burden of evidence is shifted and the
(2) the said means or method of execution was accused claiming self-defense must rely on the
deliberately or consciously adopted. strength of his own evidence and not on the
weakness of the prosecution.
***Case law teaches us that there is no treachery
when the assault is preceded by a heated exchange ------
of words between the accused and the victim; or
when the victim is aware of the hostility of the Considering that XXX committed the crime when he
assailant towards the former. was just 1 7 years and 7 months old, and YYY when
he was just 15 years and 8 months old, they are
*The existence of a struggle before the fatal blows entitled to the privileged mitigating circumstance of
were inflicted on the victim clearly shows that he minority under Article 68(2)77 of the Revised Penal
was forewarned of the impending attack, and that Code.
he was afforded the opportunity to put up a
defense. Accordingly, the penalty to be imposed upon them
shall be the penalty next lower in degree than that
----- prescribed by law, but always in the proper
period.78 Thus, the imposable penalty must be
Conspiracy was also established by the evidence on reduced by one degree from reclusion temporal,
record because of the concerted efforts of both the which is prision mayor. Being a divisible penalty, the
accused. Indeterminate Sentence Law is applicable. 79
Conspiracy exists when two or more persons Given that there is no mitigating or aggravating
come to an agreement concerning the circumstance, the penalty shall be imposed in its
commission of a felony and decide to commit it. medium period. Thus, applying the Indeterminate
Sentence Law, the maximum penalty shall be prision
It may be deduced from the manner in which the mayor in its medium period, while the minimum
offense is committed, as when the accused act in penalty shall be prision correcional in any of its
concert to achieve the same objective. periods. Thus, accused-appellants are to suffer the
indeterminate penalty of six (6) years ofprision
In this case, Austria testified that YYY held Rolando correccional, as minimum, to ten (10) years ofprision
from behind while XXX stabbed him. Thus, YYY's mayor, as maximum.
participation in the commission of the crime charged
is clear. Certainly, XXX and YYY cooperated with one
another to achieve their purpose of killing the victim.
***It is sufficient that the accused acted in concert
at the time of the commission of the offense, that
they had the same purpose or common design, and
that they were united in its execution.73
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The Court declares XXX and YYY GUILTY beyond
reasonable doubt of the crime of Homicide, with the
privileged mitigating circumstance of minority, for
which they are sentenced to suffer the
indeterminate penalty of six (6) years of prision
correccional, as minimum, to ten (10) years of
prision mayor, as maximum. On account of minority
of accused-appellants when they came in conflict
with the law, they may serve their sentences in an
agricultural camp or training facility in accordance
with Section 51 of Republic Act No. 9344. Thus, this
case shall be REMANDED to the court of origin to
effect the imposition of the full service of their
sentence in an agricultural camp or other training
facility. Accused-appellants XXX and YYY are
ORDERED to pay jointly and severally the heirs of
Rolando Abetria the amount of f'50,000.00 as civil
indemnity, f'50,000.00 as moral damages,
f'60,000.00 as funeral expenses or actual damages.
They are likewise ORDERED to pay a legal interest of
six percent ( 6%) on the total amount of damages
computed from the finality of this judgment until full
payment thereof.
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