Bar Question on Criminal Law 2004:

Facts:
Aki and Ben, while walking together, met Caloy. There was an altercation between Ben and
Caloy so that Ben chased and stabbed Caloy with a knife hitting his right arm thereby
causing slight physical injury. Ben desisted from further assaulting Caloy, but Aki lunged
at Caloy and felled him this time with a bolo which mortally wounded Caloy. Thus, he died.
a) What is the criminal liability of Aki? How about that of Ben? Explain your answers.

Aki is liable for the murder of Caloy.

ARTICLE 248, Sec. 1 of RPC provides that any person who, not falling within the provisions
of Article 246 shall kill another, shall be guilty of murder and shall be punished by
reclusion perpetua to death, if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford impunity.

In this case, Aki employed treachery, taking advantage of his superior strength with the
use of bolo and with the aid of armed men (Ben). Hence Aki is liable for murder.

Ben is liable for slight physical injuries, as stated in the problem.

(Art. 266 defines slight physical injuries as one:

1) when the offender has inflicted physical injuries which shall incapacitate the
offended party for labor from one to nine days, or shall require medical attendance
during the same period
2) when the offender has caused physical injuries which do not prevent the offended party
from engaging in his habitual work nor require medical attendance.
3) when the offender shall ill-treat another by deed without causing any injury)

b) Assuming conspiracy is established, will your answer in problem (a) be the same?
Explain your answer. (5%)
The answer would be different.

Art. 8 of RPC provides, A conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.

In the case of People v. Geronimo, G.R. No. L-35700, October 15, 1973, it has been laid
down as a rule that when the defendants by their acts aimed at the same object, one
performing one part and another performing another part so as to complete it, with a view
to the attainment of the same object, and their acts, though apparently independent were in
fact concerted and cooperative, indicating closeness of personal association, concerted
action and concurrence of sentiments, the court will be justified in concluding that said
defendants were engaged in a conspiracy (People vs. Cabrera, 43 Phil. 64, 66; People vs.
Carbonell, 48 Phil. 868). When conspiracy has been proven, all conspirators are liable as
co-principals for the wrongful act and its consequences (U. S. vs. Bundal, 3 Phil. 89;
People vs. Villamora, 47 O.G. 6180).

In acts of conspiracy, the acts of one are the acts of all. In this case, as there is an
element of treachery committed by both Aki and Ben, both are liable for murder.