Earl Ivanne Mon T.

Espejo Subject: Criminal Law

Case Title: People Vs Agacer Case Number: 177751 Date: December 14, 2011

Facts: 
All the Appellants were related to Cesario. Florencio was Cesario’s nephew and is the father of 
Franklin while the Brothers Elynor, Eric and Eddie are his Nephews. 
 
According to prosecution witnesses Genesis and Roden, it was at that moment while Cesario was 
tending to his farm when Appellants suddenly emerged from a nearby banana plantation and surrounded 
Cesario. 
 
“​Franklin ​set afire the rice straws that covered Cesario’s rice seedlings. This prompted Cesario to 
return to put out the fire and save his rice seedlings. At this point, Franklin and ​Eric​ started throwing 
stones at Cesario which fored the latter to retreat again. Thereafter, ​Florencio​, while standing side by 
side with Eric, signaled Cesario to come closer. Cesario obliged but when he was just around five meters 
away from the group, ​Eddie​ suddenly pulled out a gun concealed inside a sack and, without warning, shot 
Cesario hitting him in the left portion of his chest. Almost silmulaneously, ​Elynor​ took aim at Cesario with 
his bow and arrow but missed his mark. As cesario fell, appellants fled to towards the irrigation canal, 
where another gunshot rang.” 
 
The appellants denied the accusations against them and claimed that Florencio only acted in 
self-defense and in ​defense of relatives. As proof, appellants presented ​Florencio who testified that it 
was his uncle that brought the buckshot gun and he successfully disarmed him. Thereupon, his uncle drew 
another firearm and shot Florencio several time. Florencio retaliate by shooting him. 
 
The Court finds the Accused People Guilty Beyond Unreasonable Doubt of the crime Murder 
Qualified (by) Treachery and sentenced to reclusion perpetua and indemnify/compensate the heirs of the 
victim with the amount of Php 75,000 (Php 40,000 to the Heir and Php 30,000 for the Attourney’s fee). 
 
Issue: 
WON the Lower Court erred in finding that conspiracy existed (among) the herein Accused 
Appellants in the killingof Cesario Agacer? 
 
Ruling: 
No, The crime is Murder Qualified (by) Treachery even without a concrete evidence. Based on Office 
of the Solicitor General (OSG) “Conspiracy exists when two or more persons come to an agreement 
concerning the commission of a felony and decide to commit it.”  
 
which was established when the accused people quickly surround the victim in the plantation equip 
with firearm and Cold Weapons. Also they attack the Victim when he is approaching the group and no one 
Stop or Dissuade Eddie in shooting the Victim. And lastly the accused people depart from the crime scene 
together. 
 
This specific acts with Closeness and Coordination as to unmistakably indicate a common purpose 
or design which is to ensure the death of Cesario Agacer.  
 
Note: 
“The essence of treachery is the sudden attack by an aggressor without the slightest provocation on 
the part of the victim, depriving the latter of any real chance to defend himself, thereby ensuring the 
commission of the crime without risk to the aggressor.” (​Paragraph 16 of Article 14 of the Revised Penal 
Code (RPC)) 
 
Since accused-appellant failed to prove that there was unlawful aggression on the part of the 
victim, the claim of self-defense cannot prosper. (​People vs. Cuasay​, 569 SCRA 870 [2008])