People V Malibiran

G.R. No. 178301

April 24, 2009
Austria-Martinez, J.:

FACTS:
1. Reynaldo Tan (Reynaldo) died on February 5, 1995, allegedly by his wife Beverly and
her lover a certain Rolando Malibiran.
2. Back in the 70's, Reynaldo left his common-law wife, Rosalinda Fuerzas (Rosalinda),and
their two (2) children, Jessie and Reynalin, in Davao, and went to Manila to seekgreener
pastures.
3. While in Manila, Reynaldo met and had a relationship with appellant Beverly.
Theyeventually married in 1981. Reynaldo and appellant begot three (3) children;
Renevie, Jag-Carlo and Jay R.
4. In 1984, Reynaldo's and Rosalinda's paths crossed again and they resumed
theirrelationship. This led to the "souring" of Reynaldo's relationship with appellant; and
in1991, Reynaldo moved out of the conjugal house and started living again with
Rosalinda, although Reynaldo maintained support of and paternal ties with his children.
5. On February 5, 1995, Reynaldo and appellant were in Greenhills withtheir children for
their usual Sunday gallivant. After finishing lunch at the Kimpura Restaurant, the family
separated at around 2:00 pm to do some shopping. Later, they regrouped and purchased
groceries at Unimart.
6. At around 4:00 pm, the family stepped out of the shopping mall and Reynaldo proceeded
to the parking lot to get his red Honda Accord, while the rest of his family stayed behind
and waited.
7. Immediately thereafter, the family heard an explosion coming from the direction where
Reynaldo parked his car.
8. Appellant and daughter, Renevie got curious and proceeded to the parking lot. There,
they saw the Honda Accord burning, with Reynaldo lying beside the driver's seat,
burning, charred and bleeding profusely.
9. A taxi driver named Elmer Paug (Elmer) appeared and pulled Reynaldo out of the
car.Reynaldo was then rushed to the Cardinal Santos Medical Hospital where he
eventuallydied because of the severe injuries he sustained. The underlying cause of his
death was Multiple Fracture & Multiple Vascular Injuries Secondary to Blast Injury.
10. Thereafter, an investigation was conducted by the police which two separate Informations
for Murder and Parricide, dated September 10, 1997, were filed against appellant,
Rolando and one Oswaldo Banaag (Oswaldo).
11. Rolando and appellant pleaded not guilty on arraignment. Their co-accused, Oswaldo
was later discharged and utilized as one of the prosecution witnesses.
ISSUE/S:
1. Whether or not there was conspiracy in relation to the crime committed.

RULING:
RTC Ruling:
On September 23, 2003, The RTC finds both accused guilty beyond reasonable doubt as charged.
Accused Rolando Malibiran for the crime of Murder and accused Beverly Tibo-Tan for Parricide
defined and penalized under Article 248 and Article 246, respectively, of the Revised Penal
Code, as amended, in relation to Republic Act No. 7659 with the attendant circumstances of
treachery, evident premeditation and use of explosion and sentencing both accused the supreme
penalty of DEATH, and ordering them to pay jointly and severally to the heirs of Reynaldo Tan
the amount of Fifty Thousand (₱50,000.00) Pesos as indemnity for death, Eighty Thousand
(₱80,000.00) Pesos as actual damages; Fifty Thousand (₱50,000.00) as moral damages; and to
pay the costs.

CA Ruling:
The CA affirmed the Decision of the RTC. The CA, however, took judicial notice of Republic
Act No. 9346 prohibiting the imposition of the death penalty and thus reduced the penalty to
reclusion perpetua.

SC Ruling:
In the issue of conspiracy:
Based on the foregoing, the testimonies of Janet and Oswaldo clearly link appellant to the
planning of the crime. True, as intimated by appellant, she may not have been at the scene of the
crime at the time of the explosion; but then again, if she was, then she would have suffered the
same fate as Reynaldo. Moreover, the nature of the crime and the manner of its execution, i.e.,
via a booby trap, does not demand the physical presence of the perpetrator at the very time of its
commission. In fact, the very manner in which it was carried out necessitated prior scheming and
execution for it to succeed. Thus, appellant's absence from the actual scene of the crime does
not negate conspiracy with Rolando in plotting the death of her husband. A conspiracy
exists even if not all the parties committed the same act, but the participants performed specific
acts that indicated unity of purpose in accomplishing a criminal design. Moreover, direct proof of
previous agreement to commit an offense is not necessary to prove conspiracy -- conspiracy may
be proven by circumstantial evidence.

The testimonies of Janet and Oswaldo established the following set of circumstances which, if
taken collectively, show the guilt of appellant: that appellant and Rolando conspired, planned and
agreed to kill Reynaldo using a grenade; that appellant duplicated the key to the red Honda
Accord of Reynaldo so that Rolando could gain access to the car; that appellant thereafter gave
the duplicate key to Rolando; that on February 5, 1995, appellant told Oswaldo to follow the red
Honda Accord of Reynaldo until the latter parked the car; that appellant told Oswaldo to
thereafter pick up Rolando at Katipunan and bring the latter to where Reynaldo parked his red
Honda Accord. Reynaldo died soon after due to injuries he sustained from an explosion caused
by grenades planted in his car.

Thus, the Supreme Court affirmed the CA’s decision in finding appellant Beverly Tibo-Tan guilty
beyond reasonable doubt of Parricide and sentencing her to suffer the penalty of RECLUSION
PERPETUA. Appellant is ineligible for parole and is further ordered to pay, jointly and
severally with Rolando Malibiran, the heirs of Reynaldo Tan the amounts of ₱75,000.00 as civil
indemnity, ₱75,000.00 as moral damages and ₱25,000.00 as temperate damages. In addition,
appellant is solely liable to pay the heirs of Reynaldo Tan the amount of ₱30,000.00 as
exemplary damages.