This case has been cited 1 times or more.
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2001-12-11 |
VITUG, J. |
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| Appellant assails the findings of conspiracy by the court a quo, contending that there has been lack of proof given of a prior agreement to commit the crime by all the accused. The argument is without merit. Conspiracy exists when two or more persons come to an agreement concerning the commission of the felony and decide to commit it.[7] The agreement to commit the crime is, more frequently than not, made by the malefactors, not within a considerable interval preceding the commission of the act, but close to, or contemporaneous with, the actual commission thereof,[8] when by their collective acts, it becomes implicit that they have spontaneously agreed and decided to commit the felony. The existence of conspiracy, in fact, is often inferred from the actuations of the accused during the commission of the crime, which point to a joint purpose, concert of action and community of interest.[9] | |||||