G.R. No.
127962 April 14, 2004
KINGSTON(E) LI Y NUNEZ, petitioner,
vs.
PEOPLE OF THE PHILIPPINES, and the HONORABLE COURT OF APPEALS, respondents.
FACTS:
Kingston Li and Eduardo Sangalang were involved in a street brawl against Christopher Arugay
and Ronaldo Tan. The defense and prosecution presented different stories regarding the facts
of the case. The following are the facts of the case based on the assessment made by the
Supreme Court.
- The first blow was struck by Li who was armed with a baseball bat. It hit Arugay, whom
retaliated by inflicting a wound on Li’s head using a bolo. After Li had fallen, Sangalang, armed
with a knife, fatally stabbed Arugay at least four times. Tan picked the baseball bat and struck Li
on the head with a bat. Arugay died while Li sustained incised wounds and a contusion. A case
was filed against Li while Sangalang has remained at large.
- The RTC found Li guilty of conspiring with Sangalang with the murder of Arugay. The CA on the
other hand ruled that both are guilty of homicide, whether or not conspiracy exists. Li
appealed. Thus, this case.
ISSUE: WON a conspiracy exists between Li and Sangalang.
WON Li is guilty of homicide.
DECISION:
No in both issues. Judgment modified.
RATIO DECIDENDII:
- The fact that both Li and Sangalang were in the same house at the same time is not sufficient
to establish conspiracy. Before the brawl, it was not proven that Li has asked for, or received,
any assistance from Sangalang and based on the evidences it is hard to conclude that Sangalang
and Li had acted in concert to commit the offense.
- Stabbing Arugay can be construed as a spur of the moment reaction by Sangalang upon seeing
that his friend was struck on the head. A finding of conspiracy cannot arise from such
spontaneous reaction.
- Since Li’s liability as a conspirator was dissolved, he can only be convicted based on the act
that he did. The only injury attributable to Li is the contusion on the victim’s right arm that
resulted from Li striking Arugay with a baseball bat. His offense is only slight physical injuries.
Since Li has served more than the impossible penalty for slight physical injury, he is entitled to
be released immediately.