THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROMEO QUIOSAY, DEFENDANT-APPELLANT.

Mauricio Quiosay and Romeo Quiosay (brothers) were
charged with murder in the Court of First Instaxice of Davao. Upon being
arraigned, Mauricio Quiosay pleaded guilty and was sentenced accordingly. Romeo
Quiosay, who pleaded not guilty, was duly tried and convicted by the court. He
has appealed.

There is no question that it was Mauricio Quiosay who
hacked Bartolome Banban with a sharp weapon called “pungkulay”, causing the
latter’s head to be instantly severed from his body. Appellant’s conviction was
based merely on the fact that, as testified to by prosecution witness Aladino
Gamban, a brother of the deceased Bartolome Gamban, while the latter was being
chased by Mauricio Quiosay the appellant blocked Bartolome’s way and struck his
arms with a bolo. The trial court was of the impression that the appellant
conspired with his brother Mauricio in the killing of Bartolome.

We
cannot agree. Prosecution witness Aladino Gamban testified, that, after the
appellant had stabbed Bartolome, he immediately ran away, so that when Mauricio
Quiosay cut off the head of Bartolome, the appellant was no longer present. If
the appellant had agreed with his brother Mauricio to liquidate Bartolome,
instead of fleeing after he had stabbed the latter on the arm, he would have
stayed and finished Bartolome by himself or with Mauricio. The mere act of the
appellant in stabbing Bartolome Gamban. once cannot conclusively prove
conspiracy. We are not convinced beyond reasonable doubt that there was such
conspiracy.

It results that the appellant should be held answerable only for his
individual act. There is no evidence, however, as to the nature and extent of
the injury produced by the bolo thrust given by the appellant. Even so, assuming
that said injury was serious, the corresponding penalty would be less than
one-half of the period during which the appellant has been in detention since
1954.

Wherefore, the immediate release of the appellant is hereby ordered with
costs against him. So ordered.

Bengzon, Montemayor,
Reyes, A., Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Endencia,
and Felix, JJ., concur.