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Existence of Conspiracy and Requisites

Existence of Conspiracy and Requisites 

Existence of –– Basic principles summarized in Bahilidad v. People; there is conspiracy when two or more persons come to an agreement concerning the commission of a felony and decide to commit it; like the physical acts constituting the crime itself, the elements of conspiracy must be proven beyond reasonable doubt; while conspiracy need not be established by direct evidence, for it may be inferred from the conduct of the accused before, during and after the commission of the crime, all taken together, however, the evidence must be strong enough to show the community of criminal design; it is essential that there must be a conscious design to commit an offense. (People vs. Lababo, G.R. No. 234651, June 06, 2018)

––      By statutory definition, conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it; from the established facts, it was clear that each of the accused-appellants performed an overt act in pursuance or furtherance of the complicity. (People vs. Abella, G.R. No. 213918, June 27, 2018)

––      Conspiracy is very much evident from the actuations of the appellants; The concerted efforts of the appellants were performed with closeness and coordination, indicating a single criminal impulse – to kill the victims; conspiracy may be deduced from the mode and manner in which the offense was perpetrated, or inferred from the acts of the accused themselves when these point to a joint purpose and design, concerted action and community of interest; where conspiracy has been adequately proven, as in the present case, all the conspirators are liable as co-principals regardless of the extent and character of their participation because, in contemplation of law, the act of one is the act of all. (People vs.Vibal, Jr., G.R. No. 229678, June 20, 2018)        

––      Direct proof is not essential to prove conspiracy for it may be deduced from the acts of the accused before, during and after the commission of the crime charged, from which it may be indicated that there is common purpose to commit the crime. (People vs. Callao, G.R. No. 228945, March 14, 2018)

––      Established in this case; there is conspiracy “when the acts of the accused demonstrate a common design towards the accomplishment of the same unlawful purpose”; since there was conspiracy, the act of one was the act of all making them equally guilty of the crime of rape against the victim. (People vs. Pal, G.R. No. 223565, June 18, 2018)

––      Exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it; its elements, like the physical acts constituting the crime itself, must be proved beyond reasonable doubt; the essence of conspiracy is the unity of action and purpose. (People vs. Callao, G.R. No. 228945, March 14, 2018)

          (People vs. Gimpaya, G.R. No. 227395, Jan. 10, 2018)

––      Need not be proven by direct evidence, for conspiracy may be inferred from the acts of the accused in accomplishment of a common unlawful design. (People vs. Golidan, G.R. No. 205307, Jan. 11, 2018) 

––      One who participates in the material execution of the crime by standing guard or lending moral support to the actual perpetration thereof is criminally responsible to the same extent as the actual perpetrator, especially if they did nothing to prevent the commission of the crime; under the circumstances, there is no evidence to support a conclusion that they have nothing to do with the killing; therefore, the three conspired to commit the crimes charged. (People vs. Lababo, G.R. No. 234651, June 06, 2018)

––      The allegation of conspiracy to consummate the illegal act was likewise insufficiently proven; the elements of conspiracy must be proven beyond reasonable doubt, similar to the physical act constituting the crime itself; evidence of actual cooperation, not only mere cognizance, approval, or mere presence, must be shown. (People vs. XXX, G.R. No. 229860, March 21, 2018)

––      The Court finds no basis in petitioner’s argument that the case against him should have been dismissed considering that his alleged co-conspirator is at large; People v. Dumlao, et al., cited; it is not necessary to join all the alleged co-conspirators in an indictment for a crime committed through conspiracy. (Venezuela vs. People, G.R. No. 205693, Feb. 14, 2018)

––      There is an implied conspiracy if two or more persons aim their acts towards the accomplishment of the same unlawful subject, each doing a part so that their combined acts, though apparently independent, are in fact connected and cooperative, indicating a closeness of personal association and a concurrence of sentiment and may be inferred though no actual meeting among them to concert means is proved; the essence of conspiracy is unity of action and purpose. (People vs. Delima, G.R. No. 222645, June 27, 2018)

––      There is conspiracy when two or more persons come to an agreement concerning the commission of a felony and decide to commit it; conspiracy need not be express as it can be inferred from the acts of the accused themselves when their overt acts indicate a joint purpose and design, concerted action and community of interests; People v. Pepino, cited. (People vs. Fajardo, G.R. No. 216065, April 18, 2018)

––      Under Art. 8 of the Revised Penal Code, there is conspiracy when two or more persons come to an agreement concerning a felony and decide to commit it; it may be inferred from the acts of the accused before, during or after the commission of the crime which, when taken together, would be enough to reveal a community of criminal design, as the proof of conspiracy is frequently made by evidence of a chain of circumstances. (People vs. Sisracon, G.R. No. 226494, Feb. 14, 2018)

Requisites –– Art. 8 of the Revised Penal Code provides that conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it; the prosecution must establish the following three requisites: (1) two or more persons came to an agreement, (2) the agreement concerned the commission of a crime, and (3) the execution of the felony was decided upon; once conspiracy is established, the act of one becomes the act of all. (People vs. Lababo, G.R. No. 234651, June 06, 2018)

Source: Supreme Court of the Philippines - Case Index

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