This case has been cited 2 times or more.
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2002-04-11 |
DAVIDE JR., C.J. |
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| We, therefore, affirm the trial court's judgment finding ARMAN and GASPAR guilty of two counts of rape. Settled is the rule that if conspiracy is established each defendant is responsible not only for the rape committed by him personally, but also for the rape committed by the others, because each one of them cooperated in the consummation of the rape committed by the others.[25] In this case ARMAN and GASPAR clearly conspired together and mutually helped each other in the planning, execution and consummation of the rapes. The evidence shows that while GASPAR was having carnal knowledge of GLENDA, ARMAN effectively stood as look-out. In fact, ARMAN advised GASPAR of the presence of GLENDA's brothers in the vicinity. On the other hand, while ARMAN was abusing GLENDA, GASPAR did not in any way prevent him from consummating his bestial act. An overt act in furtherance of the conspiracy may consist in actively participating in the actual commission of the crime, in lending moral assistance to his co-conspirators by being present at the scene of the crime, or in exerting moral ascendancy.[26] | |||||
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2002-02-19 |
DE LEON, JR., J. |
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| We agree with the trial court that conspiracy was proven and evident in the commission of the crime. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.[20] Proof of the conspiracy need not be based on direct evidence because it may be inferred from the parties' conduct indicating a common understanding among themselves with respect to the commission of a crime.[21] The conspiracy may be deduced from the mode or manner in which the crime was perpetrated; it may also be inferred from the acts of the accused evincing a joint or common purpose and design, concerted action and community of interest.[22] In the instant case, appellant and his three (3) companions stopped and held up the victim, Rolando Villamin, while he was driving his tricycle, and took his money. Then appellant stabbed the victim on the chest with a fan knife while his companions were holding the victim, thus showing concerted action and common design or understanding among themselves to commit the crime charged. Where conspiracy is established, the act of one is the act of all.[23] All the conspirators are liable as co-principals.[24] | |||||