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    People V Tan GR No. 176526

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    Duko Alcala Enjambre
    Jemuel Tan, Charlie Amar, and Mercedes Amar were charged with the murder of Jessie Dionesio. The trial court convicted Charlie as the principal and Jemuel as an accomplice, but acquitted Mercedes. The Court of Appeals affirmed Jemuel's conviction as a principal rather than an accomplice. The Supreme Court ruled that Jemuel and Charlie were both principals by direct participation, as the eyewitness testimony that Jemuel pinned the victim's hands while Charlie stabbed him was deemed credible. The Court also found there was conspiracy between Jemuel and Charlie based on their coordinated actions against the victim.

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    People V Tan GR No. 176526

    Uploaded by

    Duko Alcala Enjambre
    220 views2 pages
    Jemuel Tan, Charlie Amar, and Mercedes Amar were charged with the murder of Jessie Dionesio. The trial court convicted Charlie as the principal and Jemuel as an accomplice, but acquitted Mercedes. The Court of Appeals affirmed Jemuel's conviction as a principal rather than an accomplice. The Supreme Court ruled that Jemuel and Charlie were both principals by direct participation, as the eyewitness testimony that Jemuel pinned the victim's hands while Charlie stabbed him was deemed credible. The Court also found there was conspiracy between Jemuel and Charlie based on their coordinated actions against the victim.

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    Jemuel Tan, Charlie Amar, and Mercedes Amar were charged with the murder of Jessie Dionesio. The trial court convicted Charlie as the principal and Jemuel as an accomplice, but acquitted Mercedes. The Court of Appeals affirmed Jemuel's conviction as a principal rather than an accomplice. The Supreme Court ruled that Jemuel and Charlie were both principals by direct participation, as the eyewitness testimony that Jemuel pinned the victim's hands while Charlie stabbed him was deemed credible. The Court also found there was conspiracy between Jemuel and Charlie based on their coordinated actions against the victim.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    220 views2 pages

    People V Tan GR No. 176526

    Uploaded by

    Duko Alcala Enjambre
    Jemuel Tan, Charlie Amar, and Mercedes Amar were charged with the murder of Jessie Dionesio. The trial court convicted Charlie as the principal and Jemuel as an accomplice, but acquitted Mercedes. The Court of Appeals affirmed Jemuel's conviction as a principal rather than an accomplice. The Supreme Court ruled that Jemuel and Charlie were both principals by direct participation, as the eyewitness testimony that Jemuel pinned the victim's hands while Charlie stabbed him was deemed credible. The Court also found there was conspiracy between Jemuel and Charlie based on their coordinated actions against the victim.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    People of the Philippines v Jemuel Tan

    GR No. 176526 August 8, 2007

    Facts:

    Mercedes Amar, Jemuel Tan and Charlie Amar were charged with murder of Jessie Dionesio in
    June 3, 1992.

    The accused pleaded not guilty. Trial on the merits ensued thereafter.

    On May 19, 1998, the Regional Trial Court of San Jose, Antique, Branch 12, rendered judgment
    acquitting Mercedes, convicting Charlie as principal by direct participation, and Jemuel as
    accomplice, for the crime of murder.

    The trial court found the testimony of prosecution witness Rogelio Cumla that he saw Charlie
    stab the victim on the chest while Jemuel pinned his hands and held him immobile, to be
    credible. However, it acquitted Mercedes based on the alleged contradictory statements of
    Rogelio Cumla. The court a quo noted that initially, Rogelio testified that he saw Mercedes tie a
    rope around Jessie's neck but later alleged that Mercedes was merely wrapping her hands
    around the victim's neck.

    The trial court also found that the aggravating circumstances of treachery and abuse of superior
    strength attended the commission of the crime.

    On appeal, the Court of Appeals affirmed with modification the trial court's Decision finding
    Jemuel Tan as principal by direct participation and not merely as an accomplice.

    Issue:

    Whether conspiracy exist in the circumstance and Jemuel Tan is guilty as conspirator and as
    principal by direct participation for the crime of murder.

    Ruling:

    We find Charlie Amar and Jemuel Tan guilty as principals by direct participation for the crime of
    murder.

    The trial court which is in the best position to determine the credibility of a witness, found the
    eyewitness account of Rogelio that he saw Charlie stab Jessie while Jemuel pinned his hands at
    the back, credible and straightforward. We have also examined the records and found no
    reason to deviate from said findings.

    As correctly found by the trial court and the Court of Appeals, there was conspiracy between
    the malefactors in the commission of the crime. Their concerted efforts were performed with
    closeness and coordination indicating their common purpose to inflict injury on the victim. For
    conspiracy to exist, the evidence need not establish the actual agreement which shows the
    preconceived plan, motive, interest or purpose in the commission of the crime. Proof of publicly
    observable mutual agreement is not indispensable to establish conspiracy. Hence, there is
    conspiracy where two of the accused held the victim's hands and the third stabbed the victim
    from behind. Conspiracy may be implied from the concerted action of the assailants in
    confronting the victim. In the instant case, the prosecution satisfactorily established that
    Jemuel twisted and pinned Jessie's hands at the back, after which Charlie delivered the fatal
    blow.

    Since there was conspiracy between the malefactors, the actual role played by each of them
    does not have to be differentiated or segregated from the acts performed by the other accused.
    As a conspirator, each would still be equally responsible for the acts of the other conspirators.

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