Sunday, March 8, 2015

Determining the existence of conspiracy - G.R. No. 135204

See - G.R. No. 135204





"x x x.

We are not persuaded by appellant’s contention that the prosecution failed to adduce sufficient evidence to establish the existence of conspiracy among the accused. She vigorously contends that she did not participate in the killing of the victim.

In determining the existence of conspiracy, it is not necessary to show that all the conspirators actually hit and killed the victim.7 The presence of conspiracy among the accused can be proven by their conduct before, during or after the commission of the crime showing that they acted in unison with each other, evincing a common purpose or design. There must be a showing that appellant cooperated in the commission of the offense, either morally, through advice, encouragement or agreement or materially through external acts indicating a manifest intent of supplying aid in the perpetration of the crime in an efficacious way. 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.8

The series of events in this case convincingly show that appellant and her co-accused acted in unison and cooperated with each other in killing William Lomida. Appellant was the one who opened the door and allowed the other accused to enter the house. She joined them in bringing the victim to the residence of Narciso Ramos, her brother-in-law. While her co-accused dragged the helpless victim, tied him to a santol tree, stabbed him twice by a bladed knife, and shot him 5 to 7 times, appellant merely watched intensely. She even "turned her back" as the lifeless body of the victim was being burned. And after attaining their purpose, she fled with the other accused.

The above circumstances clearly show the common purpose and concerted efforts on the part of appellant and her co-accused. We agree with the trial court in concluding that their acts were indications of a criminal conspiracy to commit the crime of murder.
x x x."