G.R. No.
L-74324 November 17, 1988
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
FERNANDO PUGAY y BALCITA, & BENJAMIN SAMSON y MAGDALENA, accused-appellants.
Medialdea, J.
FACTS:
Sometime after midnight, Eduardo Gabion was sitting in the ferris wheel and reading a comic book. Later,
Pugay and Samson with several companions arrived at the scene seemingly drunk. The group saw
Bayani Miranda and started making fun of him by tickling him with a piece of wood. Pugay suddenly took
a can of gasoline and poured its contents on Miranda. Gabion asked Pugay to stop during the process of
pouring the gasoline. Then Samson set Miranda on fire.
ISSUE:
Whether or not Pugay and Samson are guilty of the crime murder.
HELD:
No. There was no evidence found that Pugay and Samson planned to kill Miranda. Their meeting was
accidental and the accused were merely making fun of the deceased-victim. Criminal responsibility of
Pugay and Samson are counted as individual acts and they are held liable only for the acts they
committed individually. Pugay should have known that what he was pouring on Miranda was gasoline
because of its smell. He failed to exercise diligence necessary to avoid the consequences of his actions
and exposed Miranda to danger and injury. Pugay is guilty of homicide through reckless imprudence.
Samson just wanted to set Miranda’s clothes on fire but this doesn’t relieve him of criminal liability (Art. 4).
Samson is guilty of homicide credited with ordinary mitigating circumstance of no intention to commit so
grave a wrong. Gabion testified that accused were stunned when they noticed Miranda burning.