People v.

Pugay
No. L-74324, November 17, 1988

FACTS:
On May 19, 1982, a 25 - year old retardate, Bayani Miranda, was walking around the
fair at the town plaza during the town fiesta of Rosario, Cavite. The accused, Pugay
and Samson, saw Miranda and made fun of him by tickling him with a piece of wood.
Afterwards, the accused poured a can of gasoline, which he found under the Ferris
wheel, to Miranda and set him on fire. The witness to the incident, Eduardo Gabion,
warned the accused to stoo making fun of Miranda. The body of Miranda was rushed
to Grace hospital for treatment, however due to his severe degree of burns he was
declared dead. Both the accused were collectively charged of murder, qualifies by
treachery and aggravated by evident premediation, and superior strength.

ISSUE:
WON accused, Pugay and Samson, were both guilty of committing an intentional
felony.

HELD:
No. The respective criminal liability of Pugay and Samson arising from different acts
were deemed individual and not collective. Pugay is only guilty of homicide through
reckless imprudence for he failed to exercise the necessary diligence to prevent any
undesirable consequence arising from their immoral act against deceased. Not
having sufficient evidence of the qualifying circumstances, Samson is only guilty of
homicide because he had no reason or intent to kill the deceased before the incident.
Indeed, he knew that gasoline was poured and not water due to the smell that
pervaded. He only intended to burn the clothes and not the deceased himself,
however it does not relieve him of criminal responsibility. Hence, each was guilty
only of a culpable felony.