This case has been cited 1 times or more.
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2000-05-11 |
MENDOZA, J. |
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| Nor can it be argued that treachery may only be appreciated against Orillo since it was said accused who stabbed the victim while the latter was lying on the ground weak and defenseless. The rule is that "where there is conspiracy, treachery is considered against all offenders."[19] "Conspiracy implies concert of design and not participation in every detail of execution. Thus, treachery should be considered against all persons participating or cooperating in the perpetration of the crime."[20] The trial court correctly held:There is no question that the two accused actively participated in mauling the deceased, knocking him down and disabling him. After taking turns in castigating the victim by delivering fist blows and kicks, they knocked the victim down and fled towards the same direction. At a distance, accused Sullano handed a knife to accused Orillo which the latter immediately took hold and swiftly returned to the scene and stabbed the deceased with said weapon provided by Sullano while the victim was still weak and being helped to stand up by his father Jose Villaruel and Morito Dingcong. As to why accused Orillo felt obliged to stab the victim after having received the knife from Sullano is not difficult to discern. The two accused are very close friends being members of the same gang. They usually go together when accused Sullano pays a visit to his girlfriend in West Timawa, Molo. The insolent indifference to an outsider courting a local young girl has touched the measure of manliness of the accused. They distaste the inhospitability of the deceased which fired them to an irrational anger. | |||||