This case has been cited 3 times or more.
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2011-04-04 |
BERSAMIN, J. |
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| In the face of the positive identification of all the four accused, it did not matter whether only one or two of them had actually fired the fatal shots. Their actions indicated that a conspiracy existed among them. Indeed, a conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.[36] Direct proof of a previous agreement among the accused to commit the crime is not necessary,[37] for conspiracy may be inferred from the conduct of the accused at the time of their commission of the crime that evinces a common understanding among them on perpetrating the crime.[38] Thus, the concerted acts of the four manifested their agreement to kill Haide, resulting in each of them being guilty of the crime regardless of whether he actually fired at the victim or not. It is axiomatic that once conspiracy is established, the act of one is the act of all;[39] and that all the conspirators are then liable as co-principals.[40] | |||||
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2001-01-16 |
DE LEON, JR., J. |
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| It is a settled rule that conspiracy need not be proved by direct evidence of prior agreement on the commission of the crime as the same can be inferred from the conduct of the accused before, during, and after the commission of the crime, showing that they acted in unison with each other, evincing a common purpose or design.[62] An overt act in furtherance of the conspiracy may consist in actively participating in the actual commission of the crime, in lending moral assistance to his co-conspirators by being present at the scene of the crime, or exerting moral ascendancy.[63] | |||||
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2001-01-16 |
DE LEON, JR., J. |
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| It is evident from the above circumstances that all the accused acted collectively and individually with a common design towards the accomplishment of the same unlawful purpose. Not even one of the accused tried to stop the assault on all the victims (People vs. Carino, 233 SCRA 687; People vs. Leonor Tamang, G.R. No. 99868, August 19, 1994). They were all "together in the execution of their criminal design."[64] We agree with the trial court that there was implied conspiracy among the appellants in the commission of all the crimes charged. When Panong called Lucita Loveres who went out of the house to respond to his call, appellants were among those with him armed with weapons. Danilo Pablo held a knife, Nicolas Compra held a bolo, Edwin Trabuncon held a piece of wood.[65] When Panong shot Lucita, there was no evidence that appellants were surprised, nor did they protest or attempt to help the victim. Instead, they appeared united in the execution of a common criminal design. The presence of the appellants as a group, each of them armed, undeniably gave encouragement and sense of security and purpose among themselves.[66] Where conspiracy is established, the act of one is the act of all.[67] All the conspirators are liable as co-principals.[68] | |||||