This case has been cited 2 times or more.
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2010-03-09 |
CARPIO MORALES, J. |
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| Finally, since petitioners invoke justifying circumstances to exonerate themselves, any discussion on conspiracy is extraneous as these two concepts are incompatible with each other. For conspiracy presupposes a community of criminal intent,[21] while invocation of justifying circumstances presupposes lack of criminal intent such that there is no crime and no criminal to speak of. | |||||
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2004-03-10 |
PER CURIAM |
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| Conspiracy is established by the presence of two factors: (1) singularity of intent; and (2) unity in execution of an unlawful objective. The two must concur. Performance of an act that contributes to the goal of another is not enough. The act must be motivated by the same unlawful intent. Neither joint nor simultaneous action is per se sufficient indicium of conspiracy, unless proved to have been motivated by a common design.[28] | |||||