This case has been cited 1 times or more.
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2006-08-16 |
CALLEJO, SR., J. |
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| Conspiracy to commit the crime was also correctly appreciated by the trial court. Indeed, "at the time of the commission of the crime, accused acted in concert, each doing his part to fulfill their common design to rob the victim and although only two of them, through force and intimidation, raped Clarissa, the failure of Macarubbo and Willy Suyu to prevent its commission although they were capable would make their act to be the act of all."[88] We have previously ruled that once conspiracy is established between several accused in the commission of the crime of robbery, they would all be equally culpable for the rape committed by any of them on the occasion of the robbery, unless any of them proves that he endeavored to prevent the other from committing rape.[89] | |||||