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57TH PERSUASIVE APPEAL_30SEPT16_TO SCP JUSTICES AND SHELL : CONSPIRACY PRIMER

Here are select February 2013 rulings of the Supreme Court of the Philippines on criminal law and procedure:

1.            REVISED PENAL CODE

Conspiracy; joint purpose and design. Conspiracy may be deduced from the mode, method, and manner in which the offense was perpetrated; or inferred from the acts of the accused when those acts point to a joint purpose and design, concerted action, and community of interests.Proof of a previous agreement and decision to commit the crime is not essential, but the fact that the malefactors acted in unison pursuant to the same objective suffices. In this case, the prosecution decisively established a community of criminal design among Alvarico, Reyes, and appellant Pondivida. While there is no evidence of any previous agreement among the assailants to commit the crime, their concerted acts before, during and after the incident establish a joint purpose and intent to kill. As attested to by accused-appellant, they all went to the intended victim’s house bearing firearms. Accused-appellant himself knocked on the door. After failing to locate “Udoy” and “Bagsik,” and discovering that Gener was the latter’s brother, they then engaged in a lengthy conversation, as they circled around a nearby well outside the house.Accused even admitted to shouting the name “Bagsik” over and over.They all asked Gener to step outside and speak withthem. Upon his refusal, appellant Pondivida, together with Alvarico, entered the house through an upstairs window. Alvarico fired at George who was at the stairs. Reyes, from his vantage point at the front door, also shot at George.After fleeing the scene, appellant Pondivida admitted that he met with Alvarico in Novaliches. Alvarico gave him money, and the latter thereafter boarded a bus headed to Olongapo City. Their acts together were indicative of a common purpose, which was murder. People of the Philippines v. John Alvin Pondivida, G.R. No. 188969, February 27, 2013.

Conspiracy; elements. Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit the felony. Proof of the actual agreement to commit the crime need not be direct because conspiracy may be implied or inferred from their acts. Here, accused PO2 Valdez cannot avoid criminal responsibility for the fatal shooting by co-accused Edwin of Ferdinand and Joselito. Both accused were convincingly shown to have acted in concert to achieve a common purpose of assaulting their unarmed victims with their guns. Their acting in concert was manifest not only from their going together to the betting station on board a single motorcycle, but also from their joint attack that PO2 Valdez commenced by firing successive shots at Moises and immediately followed by Edwin’s shooting of Ferdinand and Joselito one after the other. It was also significant that they fled together on board the same motorcycle as soon as they had achieved their common purpose. To be a conspirator, one did not have to participate in every detail of the execution; neither did he have to know the exact part performed by his co-conspirator in the execution of the criminal acts. Accordingly, the existence of the conspiracy between PO2 Valdez and Edwin was properly inferred and proved through their acts that were indicative of their common purpose and community of interest. People of the Philippines v. PO2 Eduardo Valdez and Edwin Valdez, G.R. No. 175602, February 13, 2013.

INFORMATION SEARCHED FROM:

February 2013 Philippine Supreme Court Decisions on Criminal Law and Procedure 

by Dominador Maphilindo O. Carrillo

Published: April, 2013

Submission: April, 2013

http://www.worldservicesgroup.com/publications.asp?action=article&artid=5332

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