1. People v. Carandang, G.R. No.

175926, 6 July 2011

Carandang, Milan, Chua

2 counts murder; 1 count frustrated murder
Drug enforcement unit asked assistance of Milan’s sister re a drug deal that would take
place in her house. Police group knocked the door to the house and introduced
themselves as police officers. Milan closed the door. PO2 Alonzo shouted "Walang
gagalaw" then PO2 Alonzo & SPO2 Red pushed the door open, gunshots fired, the 2
policemen fell dead. SPO1 Montecalvo right behind SPO2 Red, Carandang shot him and
Montecalvo fell. SPO1 Estores heard Chua say to Milan “sigurihin mo na”. Montecalvo
was able to fire and hit Milan. Estores pulled Montecalvo out of the house. Milan, being
injured, stepped out. Lengthy negotiations before Carandang and Chua surrendered.
Alonzo & Red’s bodies on the floor w/ wounds from grenade shrapnel. Paraffin test was
conducted: Chua yielded negative, Carandang positive, Milan refused. Trial court found
all of them guilty of two counts of murder, one count of frustrated murder.
Milan and Chua appealed, objecting that they were not in conspiracy, incident happened
so fast, they just had no opportunity to stop Carandang.
SC held that conspiracy exist when two or more come to an agreement to commit a
felony and decide to commit it. Evidence need not to establish actual agreement, proof of
concerted action during before, during and after is sufficient. Conspiracy was proven
given that (1) Milan closed the door before Carandang shot the victims and (2) Chua after
the shooting directed Milan to attack SPO1 Montecalvo. These proved unity of purpose.
All three considered as principals by direct participation.
Factual Findings of trial court, especially if affirmed by CA, are conclusive in SC, as SC
would not review factual findings as a general rule. The rapid tum of events cannot
negate a finding of conspiracy. No modifying circumstance other then the qualifying
circumstance of treachery, reclusion perpetua.
Alonzo & Red death - two counts of murder
Montecalvo - frustrated murder, reclusion temporal
Milan’s closing the door facilitated commission of murder. Chua’s “siguruhin mo na”
lending encouragement & moral ascendancy
SC held that conspiracy was present with the murder committed by Carandang was
proven when (1) Milan closed the door before Carandang shot the two policemen, closing
the door facilitated the commission of the shooting, police was not able to fire back,
element of treachery and (2) when Chua after the shooting by saying “siguruhin mo na”
directed Milan to shoot the other police who they almost killed. All three were
considered as principals in the crimes of murder of the two dead policemen and the
frustrated murder of the policeman who survived.