This case has been cited 2 times or more.
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2008-03-04 |
CHICO-NAZARIO, J. |
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| The information alleged that petitioner, together with Ricardo Lidot and others whose names are still unknown, conspired in killing Rolando Domingo. Article 8 of the Revised Penal Code provides that there is conspiracy when two or more persons agree to commit a crime and decide to commit it. It is hornbook doctrine that conspiracy must be proved by positive and convincing evidence, the same quantum of evidence as the crime itself.[56] Once conspiracy is established, all the conspirators are answerable as co-principals regardless of their degree of participation, for in the contemplation of the law, the act of one becomes the act of all, and it matters not who among the accused inflicted the fatal blow to the victim.[57] | |||||
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2007-08-28 |
CHICO-NAZARIO, J. |
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| The information alleged that appellants, together with Charlito and Jose Jr., conspired in killing Titing Asenda. Article 8 of the Revised Penal Code provides that there is conspiracy when two or more persons agree to commit a crime and decide to commit it. It is hornbook doctrine that conspiracy must be proved by positive and convincing evidence, the same quantum of evidence as the crime itself.[41] Indeed, proof of previous agreement among the malefactors to commit the crime is not essential to prove conspiracy. It is not necessary to show that all the conspirators actually hit and killed the victim; what is primordial is that all the participants performed specific acts with such closeness and coordination as to indicate a common purpose or design to bring about the victim's death.[42] Once conspiracy is established, all the conspirators are answerable as co-principals regardless of their degree of participation. In the contemplation of the law, the act of one becomes the act of all, and it matters not who among the accused inflicted the fatal blow on the victim.[43] | |||||