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Not an accident, an accident presupposes lack of intention to do wrong but Talampas acted on the
contrary by brandishing and poking his gun. It is not a lawful act being a criminal assault.
Talampas poor aim that resulted in mistake in blow does not excuse him of liability to Ernesto.
AFFIRMED.
People vs SARIP
It was evening when Ernesto Sarip, Manuel Raop, Condalla Sarip, and Makadatar Tayao Mabpan were
in the vicinity of the house of the spouses Cirlaco Mision and Pamposa Mision. Raop, Sarip and
Makadatar had firearms. Ernesto atnd Makadatar took chickens and cows which they pass on to Rapo
and Sarip. The former 2 further asked for money and rice. Cirlaco said that they didnt have any,
which angered the intruders leading them to fire at the inmates of the house. Pamposa and his
daughter was hit while Cirlaco was hacked on the ground as he was lying on the floor. Two more
inmates were found dead.
Defendant Raop on his defense, contends that he acted in under duress. Ernesto wanted him to
accompany him on the robbery. At First Rapos refused but due to threats by Ernesto, he consented.
He was given a gun and on their way the encountered Condalla Sarip who was forced to join them too.
According to Raop, Condalla refused but Ernesto poked his gun at him.
Ernesto on his part confessed that he was in conspiracy with Raop and that he was only induced by
the barangay captain Dumato Mabpan. However, it was not sustained. Ernesto was the mastermind
and was a co-conspirator. He was the one primarily liable for he pleaded guilt yet failed to prove any
attenuating circumstances.
With respect to Raop, he did not acted under the compulsion of an irresistible force or under the
impulse of an uncontrollable fear of an equal or greater injury. His pretension that he was threatened
with a gun by his friends, Ernesto, is not credible because he himself Raop was armed with a
rifle.(paliuntod- a homemade gun)
Since Makadatar, Ernesto Sarip and Raop were conspirators, Raop is equally liable for the assaults
committed by Makadatar and Ernesto.