People v. Rebulado
REITERATIONFacts
The Antecedents: The case involves the murder of Rodolfo Servillon. On November 3, 1969, at approximately 6:30 AM in San Ramon, Nabua, Camarines Sur, Rodolfo Servillon was attacked while at a store. Vicente Rebulado allegedly stabbed Servillon in the back, and as Servillon attempted to flee, Primitivo Rebulado and Rogelio Sales struck him with pieces of wood. Servillon sustained fatal wounds and later died from massive internal hemorrhage. Procedural History: The accused, Vicente Rebulado, Primitivo Rebulado, and Rogelio Sales, were charged with Murder in an Information dated December 16, 1969. They pleaded not guilty. Following a trial, the Court of First Instance of Camarines Sur, in a decision dated June 16, 1975, found all three guilty of Murder. Vicente Rebulado was sentenced to reclusion perpetua, while Primitivo Rebulado and Rogelio Sales received indeterminate sentences. Accused-appellants Primitivo Rebulado and Rogelio Sales appealed the decision, while Vicente Rebulado chose to serve his sentence. Rogelio Sales was apprehended, but Primitivo Rebulado could not be found. The Appeal: Accused-appellant Rogelio Sales, through his counsel, appealed the trial court's decision, raising two main issues: (1) the alleged error in convicting him as a co-conspirator of Vicente Rebulado, and (2) the alleged error in sentencing him to imprisonment, indemnity, and costs. The appeal argued that Rogelio Sales was not a co-conspirator and presented an alibi of working in a ricefield at the time of the crime. The Supreme Court, however, affirmed the conviction, finding conspiracy established by the concerted actions of the appellants and rejecting the alibi due to positive identification by prosecution witnesses and the admission in Vicente Rebulado's statement.
Issue(s)
Whether conspiracy was established among the accused. Whether the alibi of Rogelio Sales is tenable. Whether the trial court erred in convicting Rogelio Sales as a co-conspirator. Whether the penalty imposed on Rogelio Sales and Primitivo Rebulado should be reclusion perpetua without the application of the Indeterminate Sentence Law.
Ruling
The Supreme Court affirmed the conviction of all accused for Murder, with modifications to the sentence for Primitivo Rebulado and Rogelio Sales. The Court ruled that conspiracy was established, and thus the act of one conspirator is the act of all. The alibi of Rogelio Sales was found to be without merit. The Court modified the sentence for Primitivo Rebulado and Rogelio Sales to reclusion perpetua, holding that the Indeterminate Sentence Law is not applicable to offenses punishable with death or life imprisonment.
Ratio Decidendi
On the issue of conspiracy: The Court held that conspiracy was established by the positive testimonies of prosecution witnesses Raymundo Gallarte and Lorenzo Avila, which pointed to acts done in concert by the accused to carry out an unlawful design. The fact that all three accused arrived together at the store where the victim was, followed by Vicente Rebulado stabbing the victim, and then Primitivo Rebulado and Rogelio Sales hitting the victim with pieces of wood as he tried to escape, demonstrated a common design and unity of purpose. The Court reiterated the principle that conspiracy may be inferred from the acts of the accused themselves when such acts point to a joint purpose and design, citing previous jurisprudence. Therefore, the act of one conspirator was deemed the act of all, regardless of whether all participated in every act constituting the crime. On the alibi of Rogelio Sales: The Court dismissed the alibi of Rogelio Sales, who claimed to be working in a ricefield at the time of the crime. The Court noted that Barrio San Antonio, where the alibi was supposedly established, was only one or two kilometers from San Ramon, where the crime occurred, making physical presence at the scene of the crime not impossible. Furthermore, the Court emphasized that alibi cannot prevail over positive identification by prosecution witnesses, especially when there is no physical impossibility for the accused to be at the scene. The Court also pointed to the sworn statement of Vicente Rebulado, which admitted that Rogelio Sales was with him and Primitivo Rebulado when they went to look for Rodolfo Servillon, corroborating the prosecution's account. On the conviction of Rogelio Sales as a co-conspirator: The Court found no error in the conviction of Rogelio Sales as a co-conspirator. Based on the established conspiracy, his participation in hitting the victim with a piece of wood as the victim attempted to flee was sufficient to hold him liable for murder. The Court reiterated that the act of one conspirator is the act of all, and his participation, even if not in the initial stabbing, was integral to the execution of their common unlawful design. The prosecution witnesses positively identified his participation in the assault. On the penalty and application of the Indeterminate Sentence Law: The Court modified the sentence imposed on Primitivo Rebulado and Rogelio Sales. It held that the Indeterminate Sentence Law is not applicable to persons convicted of an offense punishable with death or life imprisonment. Since Murder is punishable by reclusion perpetua (life imprisonment), the penalty should be reclusion perpetua without the minimum and maximum periods prescribed by the Indeterminate Sentence Law. The Court also increased the indemnity to P50,000.00, consistent with prevailing jurisprudence at the time.
Main Doctrine
Conspiracy is established by the positive testimonies of prosecution witnesses pointing to acts done in concert by the accused to carry out an unlawful design. The act of one conspirator is the act of all. Alibi cannot prevail over positive identification by prosecution witnesses, especially when there is no physical impossibility for the accused to be at the scene of the crime.