PEOPLE VS.

BUAYABAN
G.R. No. 112459 | March 28, 2003 | Corona, J. | Digest by Ragadio

TOPIC: PROSPECTIVITY (NB: This is the topic in the syllabus, but the case makes no mention of it. I think it should be under conspiracy.)

Summary: xxxxx
Doctrine: xxxxx

Issue:
Facts: Jan 2, 1990 - The 5 accused in this case (Paulino Buayaban, Larry
Betache, Marciano Tonacao, Yoyong Buayaban, Pedro Tumulak), all armed,
entered the house of Dioscoro Abonales. Pedro and Paulino forced Rolando
Verdida and Elizabeth Abonales, then on the balcony, to lie flat on the floor,
while Marciano and Yoyong proceeded to the room where Dioscoro was
sleeping. Yoyong kicked Dioscoro awake, then Marciano fatally shot him in
the neck. Larry stood guard at the door holding a knife.
After taking the money, the accused escaped from the house, but bumped into
Artemio Abonales, who was on his way to investigate the gunshots he heard.
He recognized the perpetrators as they stopped momentarily. Paulino pointed
the gun at him, pulled the trigger, but the gun did not fire. The accused
continued to run away.
Upon Artemio’s arrival, Rolando reported the incident to the barangay
captain.

Pedro went to Josefa Abonales, and threatened her until she surrendered Ratio: xxxxx
P30,000 to Marciano. One of them took Rolando’s wallet as he was lying face
down, containing P10,000. Dispositive: xxxxx