Case Digest: People vs. Glino G.R. No.173793, December 04, 2007

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People vs. Glino
G.R. No.173793, December 04, 2007
 
Facts:
At around 7:20 p.m., On November 15, 1998, Spouses Domingo and Virginia Boji hailed a passenger jeepney and sat on the two remaining vacant seats on opposing rows of the jeepney. Moments later, the woman seated next to Virginia alighted. Accused-appellant Conrado Glino took her place. He was reeking of liquor. As the jeepney ran its normal route, Virginia noticed accused-appellant inching closer to her. His head eventually found its way on Virginia's shoulder. Irked, Virginia sought accused-appellant's attention and asked him to sit properly, citing adequate space. Accused-appellant angrily replied, "Oh, kung ayaw mong may katabi, bumaba ka, at magtaxi ka!" Virginia decided to ignore his snide remarks. After the heated verbal tussle, accused-appellant and Baloes appeared to have calmed down, confining themselves to whispering to one another. 
When the jeepney approached Casimiro Village, Baloes turned to the driver and told him that he and Glino were about to alight. As the jeepney ground to a halt, Baloes unexpectedly drew an improvised knife and stabbed Domingo in the chest. Accused-appellant then unfolded a 29-inch Batangas knife and joined Baloes in stabbing Domingo. Surprised and shocked at the sudden attack, Domingo failed to offer any form of resistance to the duo's vicious assault. Virginia tried vainly to shield Domingo from his assailants. She tightly embraced Domingo. Virginia's efforts, however, all went for naught as accused- appellant Glino and Baloes were unrelenting. When the senseless assault ceased, Virginia found herself bloodied from incised wounds in her fingers. 
Issue:
1.Whether or not Glino must have a lower penalty because it was Baloes who stabbed Domingo 2.Whether or not accused-appellant is guilty of homicide and attempted homicide only, not murder and attempted murder, due to the absence of the qualifying circumstance of treachery 
 
Held:
 
1. No. Even assuming, for the nonce, that it was Baloes who inflicted the fatal stab, accused- appellant cannot escape culpability. There is conspiracy when two or more persons come to an agreement concerning the commission of a crime and decide to commit it. Proof that accused acted in concert, each of them doing his part to fulfill the common design to kill the victim will suffice to support a conviction. In conspiracy, it matters not who among the accused actually killed the victim. The act of one is the act of all; hence, it is not necessary that all the participants deliver the fatal blow. Tersely put, each of the accused will be deemed equally guilty of the crime committed. The acts of Glino and Baloes before, during and after the killing of Domingo are indicative of a joint purpose, concerted action and concurrence of sentiment. 
2. No. Treachery or alevosia’s presence is incontrovertible. The essence of this qualifying circumstance is the sudden and unexpected attack by the assailant on an unsuspecting victim, depriving the latter of any real chance to defend himself. The attack was executed in a manner that the victim was rendered defenseless and unable to retaliate. Concededly, Domingo was caught unaware that an attack was forthcoming. Although he had a verbal exchange with accused-appellant and Baloes, the assault was sudden, swift and unexpected. All of the passengers inside the jeepney, including Domingo, thought all along that the tension had ceased and that Glino and Baloes were about to alight.