This case has been cited 1 times or more.
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2000-09-14 |
BELLOSILLO, J. |
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| To hold an accused guilty as a co-principal by reason of conspiracy, he must be shown to have performed an overt act in pursuance or furtherance of the conspiracy. That overt act may consist of active participation in the actual commission of the crime itself or moral assistance to his co-conspirators by being present at the time of the commission of the crime or by exerting moral ascendancy over the other co-conspirators moving them to execute or implement the conspiracy.[27] When Calabroso, Matos and Dumrique joined Sata inside the tricycle and fled towards Kiangan after Nacnac was stabbed they performed well-coordinated acts indicating a common purpose to steal the vehicle.[28] Conspiracy is also inferred not only from their conduct before and during the commission of the crime but also thereafter, showing that they acted in unison with each other.[29] Calabroso, Dumrique and Sata proceeded to Nueva Vizcaya to dispose of the motorcycle. Matos stayed behind as his companions promised to pick him up later. As promised, they returned to Kiangan still with the vehicle. Conspiracy having been proven, accused-appellants are equally liable for carnapping the tricycle of Nacnac.[30] | |||||