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, accused-appellants
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.
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.
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 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 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.