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PEOPLE v. PEPITO ORBITA Y JUSAY

This case has been cited 4 times or more.

	GR No. 137042 2003-06-17	PEOPLE v. FELIPE MUSA YNARES-SANTIAGO, J.
It is well-settled that conspiracy exists when two or more persons come to an agreement concerning the commission of a crime and decide to commit it.[19] Proof of the agreement need not rest on direct evidence, as the same may be inferred from the conduct of the parties indicating a common understanding among them with respect to the commission of the offense.[20] It is not necessary to show that two or more persons met together and entered into an explicit agreement setting out the details of an unlawful scheme or the details by which an illegal objective is to be carried out. The rule is that conviction is proper upon proof that the accused acted in concert, each of them doing his part to fulfill the common design to kill the victim. In such case, the act of one becomes the act of all, and each of the accused will thereby be deemed equally guilty of the crime committed.[21]
	GR No. 134762 2002-07-23	PEOPLE v. ROMEO FERNANDEZ QUISUMBING, J.
was physically impossible for him to be at the locus criminis at the time of its commission.[39] Appellant's own evidence shows that he was in the immediate environs when the fatal stabbing occurred. In fact, his house was just a few hundred meters away from the crime scene. Positive identification, where categorical and consistent, and absent proof of any ill-motive on the part of the eyewitness testifying on the matter, prevails over denial and alibi, which are not substantiated by clear and convincing proof.[40] Hence, this appeal must fail. But was the crime committed murder or homicide?
	GR Nos. 111734-35 2000-06-16	PEOPLE v. FERNANDO A. MALAPAYON PARDO, J.
Conspiracy need not be proved by direct evidence. It may be inferred from the conduct of all accused before, during and after the commission of the crime.[40] The conduct should point to a joint purpose and design, concerted action and community of interest. Conspiracy may be proven by circumstantial evidence or deduced from the mode and manner in which the offense was perpetrated.[41]