PEOPLE V.

MONTEALEGRE
161 SCRA 700 (1988)

FACTS:

Edmundo Abadilla was eating in a resto when he detected the smell of

marijuana coming from a nearby table. Intending to call a policeman, he quietly
went outside and saw Pfc. Renato Camantigue. Camantigue joined Abadilla in
the resto and they both smelled marijuana from the table of Vicente Capalad
and Napoleon Montealegre. Camantigue collared the 2 and said,
“Nagmamarijuana kayo, ano?” He forced them up, holding 1 in each hand but
Capalad pulled out a knife and started stabbing Camantigue at the back.
Camantigue let go of Montealegre to get his gun but Montealegre restrained
Camantigues hand to prevent the latter from defending himself. They grappled
and fell on the floor. Capalac fled and Camantigue pursued him firing some
shots. Then he stopped and asked to be brought to the hospital. Capalac was
found slumped in the street with a bullet to his chest. Both he and Camantigue
died the next day. Montealegre on the other hand, escaped through the
confusion. He was later apprehended.

ISSUES:

Whether or not Montealegre was rightly considered a co-principal for having

corroborated with Capalad in killing the police officer

HELD:

Yes. The two acted in concert, with Capalad actually stabbing Camantigue 7
times and Montealegre holding on to the victim’s hands to prevent him from
drawing the pistol and defending himself, as Abadilla testified.
While it is true that Montealegre did not himself commit the act of stabbing, he
was nonetheless equally guilty thereof for having prevented Camantigue for
resisting the attack against him. Montealegre was a principal by indispensable
cooperation under ART. 17 (3) of the RPC.