People v. Marco
G.R. Nos. L-28324-5 May 19, 1978
Lessons Applicable: Proximate cause, Conspiracy
• November 5, 1964 2:30 pm: It was raining and there was a fiesta being celebrated within the vicinity of the market place of Barrio Subang, Pagadian, Zamboanga del Sur. Constancio Sabelbero was approached by Simeon Marco who asked him if he was the one who boxed the latter's brother the previous year. Constancio denied. Then Simeon asked if he had cigarettes and when he said he had none, Simeon said, "I have cigarettes; here is my cigarette", as he pulled out a one-foot long hunting knife. Frightened, Constancio ran away and Simeon chased him. As Constancio was passing by Rafael Marco, father of Simeon, he struck Constancio with a round cane, hitting him on the left ear and left shoulder.
• Vicente, the father of Constancio, who was in the crowd heard a shout of "Fight! Fight!". He saw Simeon about to stab Constancio, so he grabbed the hand of Simeon that was holding the knife. Then, Rafael Marco approached him armed with a cane and a hunting knife. Sensing danger, Vicente shouted to Constancio and his other son Bienvenido, who appeared on the scene, to run away. Vicente and Constancio was able to run away but Bienvenido was chased and stabbed by Rafael which wounded his left hand. Bienvenido tried to run Vicente, but his foot got caught in a vine on the ground and he fell. Out of nowhere, Dulcisimo Beltran, who was accused arrived and stabbed Bienvenido near his anus while he had his two hands touching the floor and both feet in a forward position. Beltran was followed by Simeon who stabbed Bienvenido on the left breast and the upper part of the left arm. Then, Rafael, Simeon and Beltran ran away. Bienvenido got up slowly and walked zigzagly towards the store of Pinda where he fell to the ground. Vicente asked him what happened and he said he was ganged up then died.
• Criminal Case No. 2758: Rafael Marco was convicted of slight physical injuries and his son, Simeon, was acquitted
• Criminal Case No, 2757: Rafael Marco, Dulcisimo Beltran, and Simeon Marco, guilty beyond reasonable doubt of the crime of Murder, qualified by abuse of superior strength. Sentenced Rafael Marco to reclusion perpetua. While, Dulcisimo Beltran and Simeon Marco who surrendered voluntarily sentenced EACH to an indeterminate penalty consisting of 10 YEARS and 1 DAY of prision mayor, as minimum, to 17 YEARS, 4 MONTHS, and 1 DAY of reclusion temporal as maximum
ISSUE: W/N Rafael Marco should be guilty of murder.
HELD: NO. modified Rafael Marco guilty of slight physical injuries
• while it is true that Rafael started by stabbing Bienvenido on the left hand, there is no clear evidence connecting his act with those of Beltran and Simeon. If Rafael had any intention to really kill Bienvenido, he did not have to await for Simeon and Beltran to do it.
• The stabbing by the 3 was not simultaneous. Rather, it was successive. The manner in which the incident occurred indicates that there was no pre-conceived plan among the 3. There is absolutely no showing that Rafael knew of the criminal intentions of Dulcisimo Beltran or Simeon Marco as to the decedent. Neither is there any showing that after the decedent was able to run away that Rafael shouted to Dulcisimo Beltran or Simeon Marco for assistance. Or that he gave them any inciting or encouraging words, or that he even joined them
• The accused must be shown to have had guilty participation in the criminal design entertained by the slayer, and this presupposes knowledge on his part of such criminal design. It is not enough that there be a relation between the acts done by the principal and those attributed to the person charged as co-principal or accomplice; it is furthermore, necessary that the latter, with knowledge of the former's criminal intent, should cooperate with moral or material aid in the consummation of the crime.
• The ensuing death was not the direct, natural and logical consequence of the wound inflicted by Rafael. There was an active intervening cause, which was no other than the sudden and appearance and participation of Simeon Marco and Beltran.
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