The Supreme Court, in this case, affirmed the conviction of Agapito Listerio for murder and frustrated homicide, emphasizing that in conspiracy, the act of one is the act of all; thus, all conspirators are equally liable for the crime, regardless of who delivered the fatal blow. This ruling underscores that when individuals act together with a common criminal design, each is responsible for the resulting harm, promoting accountability and serving as a deterrent against group violence.

From Dispute to Deadly Assault: How Conspiracy Determined Guilt

The case revolves around the tragic events of August 14, 1991, in Muntinlupa, Metro Manila, where Jeonito Araque was murdered and his brother, Marlon Araque, was seriously injured. Agapito Listerio, along with several others, was charged with murder and frustrated homicide. The prosecution presented evidence that Listerio and his companions attacked the Araque brothers with bladed weapons and lead pipes, resulting in Jeonito’s death and Marlon’s injuries. The central legal question was whether Listerio could be held liable for the crimes, given the evidence of conspiracy and the presence of aggravating circumstances like treachery.

At trial, Agapito Listerio and Samson dela Torre pleaded not guilty, while their co-accused remained at large. The trial court rendered judgment against Listerio, convicting him of murder and attempted homicide. Dissatisfied, Listerio appealed, arguing that the prosecution failed to establish his guilt beyond reasonable doubt and that there was no proof of conspiracy or treachery. However, the Supreme Court upheld the conviction, emphasizing the principle that in conspiracy, the act of one is the act of all. This means that each member of a group acting with a common criminal design is equally liable for the resulting crimes, regardless of their specific role.

The Court relied heavily on the eyewitness account of Marlon Araque, who testified that Listerio and his group blocked their path and attacked them with deadly weapons. The Court found Marlon’s testimony credible and straightforward, stating, “the testimony of a single, trustworthy and credible witness could be sufficient to convict an accused.” It emphasized that the trial judge is in the best position to weigh the credibility of witnesses, and appellate courts should defer to those findings unless there is evidence of arbitrariness or disregard for the facts. This highlights the importance of eyewitness testimony and the deference given to trial court findings on credibility.

Accused-appellant argued that the prosecution evidence failed to prove conspiracy and treachery. Conspiracy, according to the Court, does not require direct proof but may be inferred from the actions of the accused before, during, and after the commission of the crime. The Court stated, “Conspiracy may be inferred from the acts of the accused before, during and after the commission of the crime which indubitably point to and are indicative of a joint purpose, concert of action and community of interest.” The presence of Listerio and his armed companions at the scene, blocking the victims’ path and attacking them in concert, demonstrated their common criminal design.

Regarding treachery, the Court noted that the attack was sudden and unexpected, with the victim being stabbed from behind. Treachery exists when the offender employs means, methods, or forms in the execution of the crime that directly and specially ensure its execution without risk to themselves. The Court stated:

Treachery is present when the offender commits any of the crimes against persons employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.

The Court found that the manner in which the stab wounds were inflicted on the deceased was clearly meant to kill without posing any danger to the attackers, thereby qualifying the crime as murder. Abuse of superior strength was also present, but this was absorbed into the finding of treachery. Furthermore, the Court dismissed Listerio’s defense of alibi, stating that alibi is generally considered with suspicion and is received with caution because it is easily fabricated. This is due to the legal requirement that for an alibi to be valid, the accused must prove their presence at another location that makes it physically impossible to be at the crime scene.

In Criminal Case No. 91-5843, the trial court convicted Listerio of attempted homicide, but the Supreme Court corrected this to frustrated homicide. The Court explained that the key difference between attempted and frustrated felonies lies in whether the subjective phase of the crime has been passed. In frustrated felonies, the offender has performed all acts of execution that would produce the felony, but the crime is not consummated due to causes independent of the perpetrator’s will. The Supreme Court cited U.S. v. Eduave, differentiating attempted from frustrated felony:

A crime cannot be held to be attempted unless the offender, after beginning the commission of the crime by overt acts, is prevented, against his will, by some outside cause from performing all of the acts which should produce the crime.

The Court found that Listerio and his companions intended to kill Marlon Araque, as evidenced by their use of bladed weapons and lead pipes. After stabbing and clubbing Marlon, they fled, believing him to be dead. Thus, the crime was a frustrated felony because the offenders had performed all the acts of execution, but Marlon survived due to timely medical intervention.

In determining the proper penalties, the Court applied Article 250 of the Revised Penal Code, which provides for a penalty one degree lower for frustrated crimes. Given the aggravating circumstance of abuse of superior strength, the penalty for frustrated homicide was set in its maximum period. The Court also reviewed the awards made by the trial court, affirming the actual damages for the death of Jeonito Araque, as well as the civil indemnity and moral damages. However, the Court struck down the moral damages awarded to Marlon Araque because he did not testify as to the moral suffering he sustained. This is due to the need of the actual victim to testify regarding the anguish or moral damage inflicted. The Court also determined that the award for exemplary damages was retained, as there was an aggravating circumstance to the commission of the crime.

FAQs

What was the key issue in this case?	The key issue was whether Agapito Listerio was guilty of murder and frustrated homicide based on the evidence presented, particularly the existence of conspiracy and aggravating circumstances. The court examined the validity of eyewitness testimony, the proof of conspiracy, and the distinction between attempted and frustrated felonies.
What is the significance of conspiracy in this case?	Conspiracy was crucial because it meant that Listerio could be held liable for the acts of his co-conspirators, even if he did not directly inflict the fatal wounds. The Court determined that the actions of Listerio and his group demonstrated a common criminal design, making each member equally responsible.
What is treachery, and why was it important in this case?	Treachery is a circumstance where the offender employs means to ensure the execution of the crime without risk to themselves. It was important because it qualified the killing of Jeonito Araque as murder, which carries a higher penalty.
What is the difference between attempted and frustrated homicide?	The difference lies in whether the offender has performed all the acts of execution that would produce the crime. Attempted homicide occurs when the offender is prevented from completing all the acts, while frustrated homicide occurs when all acts are completed, but the crime is not consummated due to external causes.
Why was Listerio’s defense of alibi rejected by the court?	The court rejected Listerio’s alibi because he failed to prove that he was at another place at the time of the crime and that it was physically impossible for him to be at the crime scene. The positive identification by the eyewitness outweighed his alibi.
What types of damages were awarded in this case?	The court awarded actual damages for the funeral expenses of the deceased, civil indemnity for the death, moral damages for the suffering of the family, and exemplary damages because the crime was committed with aggravating circumstances. However, moral damages to the victim of frustrated homicide were not awarded due to the lack of evidence presented.
How did the court determine the credibility of the eyewitness testimony?	The court found the eyewitness testimony credible because it was straightforward, consistent, and the witness had a clear opportunity to observe the events. The court also considered that the witness was a victim himself, seeking justice for the death of his brother.
What was the final outcome of the case for Agapito Listerio?	Agapito Listerio’s conviction for murder and frustrated homicide was affirmed by the Supreme Court. He was sentenced to reclusion perpetua for murder and an indeterminate penalty for frustrated homicide.

This case serves as a significant reminder of the legal consequences of participating in group violence and the importance of holding each participant accountable for their actions. The Supreme Court’s decision reinforces the principle that individuals who conspire to commit a crime share equal responsibility for the resulting harm, contributing to a more just and equitable legal system.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: PEOPLE OF THE PHILIPPINES, VS. AGAPITO LISTERIO Y PRADO , G.R. No. 122099, July 05, 2000