People vs.

Bragaes
G.R. No. L-62359, 14 November 1991

Ponente: FERNAN, C.J.

Topic: Conspiracy and proposal to commit a felony

DISPOSITIVE PORTION:
WHEREFORE, insofar as Rodolfo Bragaes is concerned the decision of the lower court
imposing the penalty of reclusion perpetua is hereby AFFIRMED subject to the modification that
he shall indemnify the heirs of Gabriel Fetalino in the amount of P50,000 instead of P12,000.
For lack of proof beyond reasonable doubt that she conspired with Rodolfo Bragaes and Nestor
Numeron in the murder of Gabriel Fetalino, Gemina Faner-Festin is hereby ACQUITTED. No
costs.

SUMMARY:

Nestor Numeron, Gemina Festin (common-law husband and wife) and Rodolfo Bragaes
were charged for murder with treachery and conspiracy for killing Gabriel Fetalino. He was a 59-
year-old postmaster and a community leader.

On 1980, Fetalino allegedly slapped the son of Gemina Festin, that caused an altercation
between him and Gemina. Numeron saw this, and punched him multiple times but was stopped
by people around them. Later on, a witness saw the three talk in private for 10 minutes, and
then the stabbing happened. Bragaes, as instructed by Numeron, stabbed Fetalino with a yellow
knife. Bragaes told the court that it was Gemina who handed the knife to him.

The two separate issues here are whether Bragaes is guilty for murder with conspiracy, and
whether Gemina is part of the conspiracy as well. Court ruled that Bragaes was INDEED part of
the conspiracy after the unreasonable proof of this actions and the letter he sent his girlfriend.
For Gemina, court said that she was not part of the conspiracy as she was only an accomplice
and that her role in the perpetration of the crime was "of a minor character." The evidence was
not strong enough to prove that she handed the murder weapon to Bragaes.

Thus, only Bragaes was guilty of conspiracy, not Gemina.

FACTS:

 Nestor Numeron, Rodolfo Bragaes and Gemina Festin were being charged for murder
and conspiracy for killing Gabriel Fetalino, a 59-year-old community leader and
postmaster.

 Nestor Numeron and Gemina Festin are common-law husband and wife. While,
Rodolfo Bragaes was employed by Numeron for his “peryahan” business. Bragaes
lives in the house of Numeron and Festin.
  On February 24, 1980, Gemina and Gabriel Fetalino had an argument regarding the
Gemina’s son. When Numeron saw this, he began punching Fetalino infront of a school.
They were stopped.

 Few moments later, witness, Cecilia Servanes went to the house of Numeron to confront
them on why they had to hurt Fetalino. Gemina answered that Fetalino should not have
slapped her son. Also, Cecila said that Numeron, Gemina and Bragaes allegedly went
upstairs and talked for 10 minutes.

 Afterwards, Bragaes went down the house, proceeded to the intersection of the street
and faced the north so that he could see Numeron who was sitting on the window sill of
their house.

 Cecilia then saw Fetalino walking towards the direction of Bragaes. Upon seeing
Fetalino, Numeron jumped from the window, pulled a knife, opened it and walked
towards the direction of Fetalino. Numeron held the knife with his right hand and
signalled Bragaes by crossing his left hand over his neck. Bragaes acknowledged the
signal by nodding his head.

 Upon seeing the signal, Cecilia shouted, "Rayagan Tang Ambe, rayagan!" (Run, Tang
Ambe, run!) Fetalino looked towards Numeron and when he saw that Numeron had a
knife, Fetalino turned clockwise making himself abreast with Bragaes.

 Fetalino proceeded towards the gate of the Calatrava High School and there, Bragaes
thrust his right hand towards the back of Fetalino. Then, "with a normal face," Bragaes
returned to the house of Gemina.

Gemina was then at the foot of the stairs of the house. As Bragaes went up the stairs, he
handed "something long" to Gemina while saying, "Ito na ang ibinigay mo sa akin
kanina, itago mo." To Numeron, who was the last to go upstairs, Bragaes said, "Bay,
tana, sinaksak ko dahil sa sinyas mo, patay 'yon wag ka nang bumaba." Upon hearing
this, Cecilia ran to where Fetalino was. She found him unconscious and bleeding from
the stab wound. Fetalino died the day after.

 Cecilia and Bragaes say that Gemina handed the yellow knife to Bragaes before the
commencement of the stabbing. (This was the TC’s basis for convicting Gemina for
conspiracy)

 The court found the three guilty for murder with treachery. Only Gemina Festin and
Bragaes appealed they were not part of a conspiracy in killing Fetalino.

ISSUE/s:

1. WON Bragaes was guilty of murder with conspiracy and treachery? YES
2. WON Gemina conspired with Numeron and Bragaes in the killing of Fetalino. NO
HELD:

1. YES. There was conspiracy between Numeron and Bragaes. Even without direct
evidence of their criminal agreement, conspiracy may be inferred from their joint acts
toward a common purpose. Although Bragaes tried to exculpate himself by passing the
buck to Numeron, his own testimony clearly reveals the veracity of the prosecution
version of the commission of the crime.

There was a letter that Bragaes sent to his girlfriend, Violeta. This was considered by the
court as evidence for the conspiracy because he said in this letter, (". . . tama ang sabi
mo na mali ang aking katuwiran na ang buong buhay ko ay ibibigay ko lamang sa isang
kaibigan alang alang sa pakikisama . . . "). In this letter, he proved that he trusted
Numeron and there was a conspiracy on killing Fetalino. Their friendship turned to
animosity when Numeron pointed him as the killer.

2. No. Although the trial court ruled that there was conspiracy among the three accused, on
the strength of the ruling in People vs. Nierra, it considered Gemina as only an
accomplice ruling that her role in the perpetration of the crime was "of a minor
character."
The Court does not agree with the TC’s conviction that Gemina was part of the
conspiracy. The evidence at hand from which her being a conspirator may be inferred,
consists of Cecilia Servañez's testimony that after the fistfight between Numeron and
Fetalino, Gemina conferred for ten minutes with Numeron and Bragaes. Admitting that
the conversation was inaudible from her position outside of Gemina's house,
Cecilia failed to divulge what the three were talking about.

There is no proof that Gemina handed Bragaes the death weapon before the
commission of the crime. The uncorroborated testimony of Cecilia Servañez that as
Bragaes gave Gemina the knife, he said "Ito na ang ibinigay mo sa akin kanina, itago
mo" may not be considered as proof beyond reasonable doubt that Gemina in fact gave
Bragaes the knife to be used in stabbing Fetalino.

Mere knowledge, acquiescence to or approval of the act without cooperation or

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