This case has been cited 2 times or more.
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2013-07-10 |
SERENO, C.J. |
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| In order to establish the existence of conspiracy, unity of purpose and unity in the execution of an unlawful objective by the accused must be proven.[79] Direct proof is not essential to show conspiracy.[80] It is enough that there be proof that two or more persons acted towards the accomplishment of a common unlawful objective through a chain of circumstances, even if there was no actual meeting among them.[81] | |||||
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2012-09-24 |
PERALTA, J. |
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| Under the Revised Penal Code,[14] an accused may be considered a principal by direct participation, by inducement, or by indispensable cooperation. To be a principal by indispensable cooperation, one must participate in the criminal resolution, a conspiracy or unity in criminal purpose and cooperation in the commission of the offense by performing another act without which it would not have been accomplished.[15] Nothing in the evidence presented by the prosecution does it show that the acts committed by appellant are indispensable in the commission of the crime of rape. The events narrated by the CA, from the time appellant convinced AAA to go with her until appellant received money from the man who allegedly raped AAA, are not indispensable in the crime of rape. Anyone could have accompanied AAA and offered the latter's services in exchange for money and AAA could still have been raped. Even AAA could have offered her own services in exhange for monetary consideration and still end up being raped. Thus, this disproves the indispensable aspect of the appellant in the crime of rape. It must be remembered that in the Information, as well as in the testimony of AAA, she was delivered and offered for a fee by appellant, thereafter, she was raped by "Speed." Thus: PROS. R. GARCIA: Now, what happened after you met this Dina Dulay? WITNESS [AAA]: She invited me to go with her boyfriend, Sir. x x x x Q: You went to the bulungan, what happened when you reached the fish port or bulungan, AAA? A: Pumunta kami sa kubuhan, Sir. Q: Where is this kubuhan located in relation to the fish port? A: At the back portion, Sir. Q: And, when you said pumunta kami, who was then your companion in going to that kubuhan? A: Dina Dulay and her boyfriend, Sir. Q: Do you know the name of the boyfriend of Dina Dulay? A: No, Sir. x x x x Q: All right. After reaching the kubuhan, what happened next? A: Pina-rape po ako, Sir. Q: What made you say [AAA] that accused here Dina Dulay had you raped at the kubuhan? A: Kasi po binayaran siya nung lalaki, Sir. Q: Now, do you know how much this Dina Dulay was paid by that person who was you said raped you? | |||||