This case has been cited 1 times or more.
|
2007-08-08 |
YNARES-SANTIAGO, J. |
||||
| As correctly found by the trial court and the Court of Appeals, there was conspiracy between the malefactors in the commission of the crime. Their concerted efforts were performed with closeness and coordination indicating their common purpose to inflict injury on the victim. For conspiracy to exist, the evidence need not establish the actual agreement which shows the preconceived plan, motive, interest or purpose in the commission of the crime. Proof of publicly observable mutual agreement is not indispensable to establish conspiracy. Hence, there is conspiracy where two of the accused held the victim's hands and the third stabbed the victim from behind.[9] Conspiracy may be implied from the concerted action of the assailants in confronting the victim.[10] In the instant case, the prosecution satisfactorily established that Jemuel twisted and pinned Jessie's hands at the back, after which Charlie delivered the fatal blow. | |||||