This case has been cited 1 times or more.
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2000-07-06 |
DAVIDE JR., C.J. |
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| We disagree with the theory of OBET that in an indictment based on conspiracy, the acquittal of a conspirator likewise absolves a co-conspirator from criminal liability. Indeed, the rule is well-settled that once a conspiracy is established, the act of one is the act of all, and each of the conspirators is liable for the crimes committed by the other conspirators.[25] It follows then that if the prosecution fails to prove conspiracy, the alleged conspirators should be held individually responsible for their own respective acts. Accordingly, OBET's criminal liability in this case must be judged on the basis of his own acts as established by the quantum of proof required in criminal cases. | |||||