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People v.

Doctolero
G.R. No. 114343, December 28, 1995
Panganiban, J. / kmd
SUBJECT MATTER: Persons criminally liable; Accomplices
CASE SUMMARY:
In this case, Ludovico Doctolero had an encounter with Marcial and Maria Sagun, Antonio and
Lolita Oviedo. In his attempt to escape, Ludovico struck Lolita Oviedo with bolo which caused her death.
Later on, while running towards his house, he passed by Marcials house. He went upstairs to look for
Marcial but Epifania Escosio (Marcials mother) told him Marcial left. On his way out, Epifania struck
him at the back of his neck. Ludovico retaliated by hacking her with bolo killing her. The child, Jonathan
Oviedo was hurt in this incident. After this, Ludovico waited for Marcial downstairs but Marcelo Sagun
(Marcials father) came. Marcelo hit Ludovico so Ludovico boloed him several times also killing him.
Conrado and Virgilio were present when Ludovico killed Epifania and Marcelo. Trial court found
Ludovico, Conrado, and Virgilio guilty of multiple murder and physical injuries. Ludovico as principal,
Conrado and Virgilio as accomplices. During pendency of this petition, Ludovico withdrew his appeal
and Virgilio died extinguishing his criminal liability. WON Conrado is really an accomplice, the SC found
that trial court correctly found Conrado as an accomplice.
DOCTRINE:
Where one goes with the principals and in staying outside of the house while the others went
inside to rob and kill the victim, the former effectively supplied the criminals with material and moral aid
making him guilty as an accomplice.
One can be an accomplice even if he did not know of the actual crime intended by the principal
provided he was aware that it was an illicit act.
FACTS:

Accusedappellants Ludovico Doctolero and his brothers, Conrado and Virgilio Doctolero, charged
with and convicted of the crime of multiple murder and unspecified physical injuries. Ludovico
Doctolero guilty as principal, and his coaccused Conrado Doctolero and Virgilio Doctolero guilty as
accomplices.
Ludovico Doctolero is sentenced to suffer the penalty of three (3) LIFE IMPRISONMENTS
(CADENA PERPETUA) and the additional penalty of 4 Months and 1 Day to 6 Months of arresto
mayor, for inflicting slight physical injury.
Conrado and Virgilio are sentenced to suffer the penalty of 10 years and 1 Day of prision mayor to 17
Years and 4 months of reclusion temporal, for the death of Epifania Escosio; the penalty
of 10 Years and 1 Day of prision mayor to 17 Years and 4 Months of reclusion temporal, for the death
of Lolita de Guzman Oviedo: the penalty of 10 Years and 1 Day of prision mayor to 17 Years and 4
Months of reclusion temporal, for the death of Marcelo Doctolero; and the additional penalty of 2
Months and 1 Day to 4 Months of arresto mayor for the slight physical injury .
According to Marcial Sagun (witness), at about 6:30 in the evening of November 8, 1970, Marcial
Sagun, Maria Sagun(wife), Lolita Oviedo and Antonio Oviedo (Marias brother) met the accused
Ludovico Doctolero at the crossing of the road in Barrio Bindo while on their way home. Ludovico
Doctolero, without warning and without cause or reason, held the left shoulder of Marcial Sagun with
his left hand and struck Marcial Sagun with a bolo. Marcial evaded the blow and wrestled with
Ludovico Doctolero for the possession of bolo.
According to Pacienca Diamoy (Marcial Saguns sister, witness), she saw Conrado Doctolero and
Virgilio Doctolero throw stones at Marcial Saguns house. Meanwhile, Ludovico Doctolero shouted

for the man in the house to come out. At about that time, Marcelo Doctolero, uncle of the three
accused (their fathers half-brother), told the three accused to be patient and to forget but the accused
replied, VULVA of your mother, we will also kill you. They struck Marcelo Doctolero several times
with their bolos. Antionio Doctolero, the father of the accused, arrived. He also struck Marcelo
Doctolero with a bolo on the head. Marcelo Doctolero fell and the accused ran away.
According to Ludovico Doctolero, while he was at the crossing of the road, Antonio Oviedo struck
him first with bolo which he was able to evade. Marcial Sagun and Ludovico Doctolero also
unsheathed their bolos. Lolita Oviedo and Maria Sagun hit Ludovico Doctoleros back. Realizing the
he could not fight both Marcial Sagun and Antonio Oviedo, Ludovico tried to escape by boloing
Maria Oviedo who he hit at the back. He reported the incident to his father and asked his father to
look after his children and left. He intended to go to his house but he passed by Marcial Saguns
house. His blood boiled. When he learned that Marcial Sagun was not home, he went upstairs to Ask
Epifania Escosio who informed him that Marcial Sagun went towards South. When he was about to
leave, Epifania Escosio hit him at the back of his neck causing him to see darkness and boloed her
several times. Ludovico Doctolero went downstairs and waited for Marcial Sagun. However, Marcelo
Doctolero arrived and hit him in the shoulder but because Ludovico tried to evade, he was hit at his
back. Ludovico Doctolero thern boloed him several times.
It was alleged that in doing these crimes, Ludovicos brothers (Conrado and Virgilio) were with him.
While this petition was pending, Ludovico Doctolero withdre his appeal on May 17, 1976. Also, coaccused Virgilio Doctolero died on October 22, 1983.

ISSUE/S:
1. WON the trial court erred in finding Conrado Doctolero as an accomplice in the commission of
crime charged. (YES)
HOLDING:
1. YES, the trial court correctly found that the appellant Conrado Doctolero participated as an
accomplice.
It was alleged in the testimony of the witness that Conrado together with Virgilio were also in
the crime scene watching their brother Ludovico Doctolero do the crimes. The SC held that where
one goes with the principal, the former supplied the criminals with material and moral aid making
him guilty as accomplice. It held further that one can be an accomplice even if he did not know of the
actual crime intended by the principal provided that he was aware that it was an illicit act.
In US v. De Jesus, accomplices therein consented to help in the commission of forcible
abduction, and they were responsible for the resulting homicide even if the purpose of the principal to
commit homicide was unknown to the accomplices.
Nonetheless, there being a doubt exist, the court should favor the milder form of liability or
responsibility which is that of being mere accomplices and not conspirators.
Decision MODIFIED.
Penalty for Conrado Doctolero:
Three (3) indeterminate sentences often (10) years of prision mayor to seventeen (17) years and four (4)
months of reclusion temporal each for the death of Epifania Escosio, Lolita de Guzman Oviedo and
Marcelo Doctolero, and a penalty of twenty (20) days of arresto menor for the less serious physical
injuries inflicted on Jonathan Oviedo. Appellant Conrado Doctolero and the estate of Virgilio Doctolero
are ORDERED to indemnify, in the sum of P50,000.00 for each set or group of heirs, the respective heirs
of Epifania Escosio, Lolita de Guzman Oviedo and Marcelo Doctolero, and to pay onehalf (1/2) of the
costs.