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PEOPLE v. ROMUALDO DORICO

This case has been cited 2 times or more.

2009-03-17
CHICO-NAZARIO, J.
Under Article 8 of the Revised Penal Code, there is conspiracy when two or more persons agree to commit a felony and decide to commit it. Conspiracy presupposes unity of purpose and unity in the execution of the unlawful objective among the accused.[61] When the accused by their acts aimed at the same object, one performing one part and the other performing another part as to complete the crime, with a view to the attainment of the same object, conspiracy exists.[62]
2005-04-14
CARPIO, J.
Although no formal agreement is necessary to establish conspiracy because conspiracy may be inferred from the circumstances attending the commission of the crime, yet conspiracy must be established by clear and convincing evidence.[30] Even if all the malefactors joined in the killing, such circumstance alone does not satisfy the requirement of conspiracy because the rule is that neither joint nor simultaneous action is per se sufficient proof of conspiracy.[31] Conspiracy must be shown to exist as clearly and convincingly as the commission of the offense itself.[32]