PERS PERSON ONS S CRIM CRIMIN INAL ALL LY LIA LIABLE BLE – IN GRA GRAVE AND LESS LESS GRA GRAVE FELO FELONI NIES ES – PRIN PRINCI CIP PALS – PRINCIPALS BY INDISPENSABLE COOPERATION
G.R. No No. LL-67948
May 3 3! 9 988
PEOPLE OF T"E P"ILIPPINES! plaintiff-appellee ! #$. NAPOLEON MONTEALEGRE! defendant-appellant . Po%&%'&( CR)*, CR)*, J. Fa+'$( •
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Edmundo Abadilia sought the help of Pfc. Renato Camantigue in apprehending the defendant and Vicente Capalad, who were smoking marijuana at the time in the restaurant. Camantigue approached the two and collared them. hile Camantigue was holding the two, the defendant with his right hand and Capalad with his left hand, Capalad suddenl! and surreptitiousl! pulled out a knife from a scabbard tucked in the right side of his waist and started stabbed Camantigue in the back. Caman Camantig tigue ue let loose loose the defen defenda dant nt to draw draw the the gun gun from from his holst holster er but but the defen defenda dant nt restra restraine ined d Camantigue"s hand b! holding it with both hands to pre#ent the Camantigue from defending himself. $he three fell to the floor while struggling. Capalad ran to escape. Camantigue fired and continued pursuit outside the restaurant. %e then abandoned the chase and asked to be brought to a hospital. &either Camantigue nor Capalad sur#i#ed, both e'piring the following da!. Capalad was later found slumped in the alle! with a bullet wound in his chest. Camantigue died from se#en stab wounds affecting major internal organs. $he defendant defendant was able to the confusion. %e was later apprehended on board a #ehicle bound for (aclaran. %e ga#e his name as Alegre but later admitted he was the fugiti#e being sought. $he lower court con#icted the defendant guilt! of murder, as )ualified b! treacher!, with assault upon a person in authorit!.
ISS)E hether or not the defendant was correctl! considered a co-principal in the crime
"ELD *es
RATIO $he defendant was correctl! considered a co-principal for ha#in ha#ing g collab collabora orated ted with with Capa Capalad lad in the the killin killing g of the the polic police e officer. officer. $he two acted in concert, with Capalad actuall! stabbing Camantigue se#en times and the defendant holding on to the #ictim #ictim"s "s hand hands s to pre# pre#en entt him him from from drawi drawing ng his pisto pistoll and and defending himself. hile it is true that the defendant did not himself commit the act of stabbing, he was nonetheless e)uall! guilt! thereof for ha#ing pre#ented Camantigue from resisting the attac attack k again against st him. him. $he defen defenda dant nt was was a princ principa ipall b! indisp indispen ensa sable ble coope cooperat ration ion unde underr Article rticle +, +, par. par. , of the Re#ised Penal Code. $he re)uis re)uisite ites s of this this pro#is pro#ision ion are are /+0 partic participa ipatin ting g in the crimin criminal al resolution resolution,, that is, there is either either anterior anterior conspirac! conspirac! or unit! of criminal criminal purpose and intention immediatel! before the commission of the crime charge charged1 d1 and /20 cooper cooperati ation on in the commiss commission ion of the offen offense se b! perf perfor ormi ming ng anot anothe herr act act witho ithout ut whic which h it woul would d not not ha#e ha#e been been accomplished.
3C sustained the #iew of the prosecution that although there was no e#idence correspondence of a prior agreement between Capalad and the defendant, their subse)uent acts should pro#e
the presence of such conspirac!. Also, the defendant performed an act 4 holding the decedent 4 without which the crime would not ha#e been accomplished. $his makes him a principal b! indispensable cooperation.
D&+,$,o%( $he appealed judgment is A556R7E8 as abo#e modified, without an! pronouncement as to costs. Narvasa, Gancayco, Griño-Aquino and Medialdea, JJ., concur.