PEOPLE VS PUGAY GR No. L-74324 November 17, 1988 THE PEOPLE OF THE PHILIPPINES, plaintiff- appellee, vs.

FERNANDO PUGAY y BALCITA, & BENJAMIN SAMSON y MAGDALENA, accusedappellants Ponente: Medialdea, J. SHORT VERSION: Samson and Pugay were charged with the crime of murder. Samson and Pugay, committed the crime with the qualifying circumstance of treachery and the aggravating circumstance of evident premeditation and superior strength.

ISSUE/HELD: WON Pugay and Samson are guilty of the crime murder. (NO)

RATIO: 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 deceasedvictim. 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 Mirandas clothes on fire but this doesnt 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.

FACTS: May 19, 1982, a town fiesta was held in the public plaza of Rosario, Cavite. 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.