This case has been cited 1 times or more.
2000-07-14 |
KAPUNAN, J. |
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Zenaida was thus able to observe how her husband was shot at a distance of thirty (30) meters with only the light from the gas lamp aiding her vision. She testified that as soon as the malefactors had taken her husband to a distance of around thirty meters from their house, appellant shot him and appellant's companions followed suit. No one of the three malefactors, most especially appellant, even tried to dissuade his companions from committing the crime. Zenaida's unrebutted testimony, consequently, proves beyond a shadow of doubt that conspiracy attended the commission of the crime. For conspiracy to exist, it is not required that there be an agreement for an appreciable period prior to the occurrence; it is sufficient that at the time of the commission of the offense, all the accused had the same purpose and were united in its execution.[56] Where the acts of the accused collectively and individually demonstrate the existence of a common design towards the accomplishment of the same unlawful purpose, conspiracy is evident.[57] |