PEOPLE v FELICIANO

G.R. No. 196735 May 5, 2014

FACTS:

On December 8, 1994, while 7 members of the Sigma Rho Fraternity were eating lunch near the UP
Main Library, they were suddenly attacked by masked assailants armed with lead pipes and baseball
bats. Believed to be members of Scintilla Juris fraternity, the assailants’ heads were covered with
handkerchiefs. The commotion lasted about 30 to 45 seconds and the attackers fled immediately.
The victims were brought to the UP infirmary while one of the victims, Dennis Venturina, was
transferred to St. Lukes Hospital where he died 2 days after. An autopsy was conducted on the
cadaver the next day and NBI Medico-legal concluded that Venturina died of traumatic head injuries.

An information for murder was filed against 12 members of Scintilla Juris fraternity at the RTC of QC.
In 2002, the Trial court rendered its decision with findings that only 5 of the 12 accused were guilty
beyond reasonable doubt of murder and attempted murder and were sentenced to the penalty of
reclusion perpetua. Because one of the penalties meted out was Reclusion perpetua, the case was
brought to the SC on automatic appeal. However, due to the amendment of the Rules on Appeal, the
case was remanded to the Court on Appeals.

On December 26, 2010, the CA affirmed the decision of RTC, but downgraded the attempted murder
charge to slight physical injuries. The decision of the CA was then brought to the SC for review.

ISSUE:

Whether or not CA erred in finding the accused-appellants guilty only of slight physical injury.

HELD:

Yes. The information charges conspiracy among the accused. Conspiracy presupposes that "the act of
one is the act of all." This would mean all the accused had been one in their plan to conceal their identity
even if there was evidence later on to prove that some of them might not have done so. The presence of
conspiracy makes all of the accused-appellants liable for murder and attempted murder.

It should be remembered that the trial court found that there was conspiracy among the accused-
appellants and the appellate court sustained this finding. It would be illogical to presume that despite the
swiftness and suddenness of the attack, the attackers intended to kill only Venturina and only intended to
injure the others. Since the intent to kill was evident from the moment the accused-appellants took their
first swing, all of them were liable for that intent to kill.

The Court ruled decision of the Court of Appeals AFFIRMED insofar as the accused-appellants are found
GUILTY beyond reasonable doubt of Murder with the MODIFICATION that they be found GUILTY beyond
reasonable doubt of Attempted Murder.