People v. Pugay

After midnight during the town fiesta of Rosario, Cavite, on May 19, 1982, Fernando Pugay, Benjamin Samson and several companions arrived at the plaza, apparently drunk. The victim, Bayani Miranda, was a 25-year-old man whom the decision describes as a “retardate”. He was Pugay's friend and ran errands for him. The group made fun of Miranda and made him dance by tickling him with a piece of wood. Pugay then took a can of gasoline from under the ferris wheel engine and poured it on him. Eyewitness Eduardo Gabion told him not to while he was pouring. Samson then set Miranda on fire, and he died of his burns. Both were charged with murder, with conspiracy, treachery and evident premeditation alleged. Their written statements were taken without counsel. The trial court convicted both of murder. It credited Pugay with lack of intention to commit so grave a wrong and gave him 12 to 20 years, and gave Samson reclusion perpetua.

1. 1Whether the uncounselled written statements vitiated the conviction.
2. 2Whether the non-presentation of other eyewitnesses amounted to suppression of evidence, and whether the lone eyewitness was credible.
3. 3Whether the accused conspired, and what crime each committed.

The conviction was modified (Medialdea, J.). The statements were not the basis of the findings, because Gabion's positive testimony stood on its own. Withholding merely corroborative witnesses raises no presumption of suppression, and Gabion had no motive to lie. But nothing showed a previous conspiracy or unity of criminal purpose. There was no animosity, the meeting was accidental, and the group only meant to make fun of Miranda. Each accused was liable only for his own act. Pugay knew the can held gasoline, since its smell could not have escaped him. He failed to exercise the diligence needed to avoid the harm his companions' fooling around might cause. He was guilty of homicide through reckless imprudence under Article 365, with a penalty of 4 months of arresto mayor to 4 years and 2 months of prision correccional. Samson was not guilty of murder. Nothing showed a reason to kill, and his act was part of the fun-making. Treachery requires deliberately adopted means that ensure execution without risk, and it was not shown. Even if he meant only to set the victim's clothes on fire, that would have caused at least physical injuries, a felony. Under Article 4, one who commits a felony is liable for the graver wrong that results. Samson was guilty of homicide, with the mitigating circumstance of no intention to commit so grave a wrong, because both men were stunned when they saw the victim burning. His penalty was 8 years of prision mayor to 14 years of reclusion temporal. Indemnity was raised to P43,940 (expenses plus P30,000 for death), with P10,000 moral and P5,000 exemplary damages, jointly and severally.