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PEOPLE v. HERMENEGILDO DUMLAO Y CASTILIANO

This case has been cited 5 times or more.

	GR No. 156577 2014-12-03	ALEJANDRO C. RIVERA v. PEOPLE MENDOZA, J.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. To determine conspiracy, there must be a common design to commit a felony.[61] A conspiracy is in its nature a joint offense. The crime depends upon the joint act or intent of two or more person. Yet, it does not follow that one person cannot be convicted of conspiracy. As long as the acquittal or death of a co-conspirator does not remove the basis of a charge of conspiracy, one defendant may be found guilty of the offense.[62]
	GR No. 168539 2014-03-25	PEOPLE v. HENRY T. GO PERALTA, J.
This is not to say, however, that private respondent should be found guilty of conspiring with Secretary Enrile. It is settled that the absence or presence of conspiracy is factual in nature and involves evidentiary matters.[23] Hence, the allegation of conspiracy against respondent is better left ventilated before the trial court during trial, where respondent can adduce evidence to prove or disprove its presence.
	GR No. 192591 2012-07-30	EFREN L. ALVAREZ v. PEOPLE VILLARAMA, JR., J.
It bears stressing that the manner in which the prosecution of the case is handled is within the sound discretion of the prosecutor, and the non- inclusion of other guilty persons is irrelevant to the case against the accused.[6] But more important, petitioner failed to demonstrate a discriminatory purpose in prosecuting him alone despite the finding of the Sandiganbayan that the Sangguniang Bayan "has conspired if not abetted all the actions of the Accused in all his dealings with API to the damage and prejudice of the municipality" and said court's declaration that "[t]his is one case where the Ombudsman should have included the entire Municipal Council of Muñoz in the information."[7]
	GR No. 192935 2010-12-07	LOUIS 'BAROK' C. BIRAOGO v. PHILIPPINE TRUTH COMMISSION OF 2010 MENDOZA, J.
Fourth. Many administrations subject the transactions of their predecessors to investigations to provide closure to issues that are pivotal to national life or even as a routine measure of due diligence and good housekeeping by a nascent administration like the Presidential Commission on Good Government (PCGG), created by the late President Corazon C. Aquino under Executive Order No. 1 to pursue the recovery of ill-gotten wealth of her predecessor former President Ferdinand Marcos and his cronies, and the Saguisag Commission created by former President Joseph Estrada under Administrative Order No, 53, to form an ad-hoc and independent citizens' committee to investigate all the facts and circumstances surrounding "Philippine Centennial projects" of his predecessor, former President Fidel V. Ramos.[73] [Emphases supplied]
	GR No. 175887 2010-11-24	HEIRS OF LATE NESTOR TRIA v. ATTY. EPIFANIA OBIAS VILLARAMA, JR., J.
To begin with, whether or not respondent actually conspired with Aclan and Ona need not be fully resolved during the preliminary investigation. The absence or presence of conspiracy is factual in nature and involves evidentiary matters. The same is better left ventilated before the trial court during trial, where the parties can adduce evidence to prove or disprove its presence.[53]