This case has been cited 1 times or more.
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2001-03-07 |
DE LEON, JR., J. |
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| Q What did you do when you arrived there? A I tried to pacify them but they even threatened to kill me, sir.[44] The existence of conspiracy cannot be presumed. Similar to the physical act constituting the crime itself, the elements of conspiracy must be proven beyond reasonable doubt. Mere presence at the scene of the incident, knowledge of the plan or acquiescence thereto are not sufficient grounds to hold a person liable as a conspirator.[45] The mere fact that the accused had prior knowledge of the criminal design of the principal perpetrator and aided the latter in consummating the crime likewise does not automatically make him a co-conspirator. Both knowledge of and participation in the criminal act are also inherent elements of an accomplice.[46] As such, conspiracy must be established as any element of the crime and evidence of conspiracy must be beyond reasonable doubt. | |||||