This case has been cited 1 times or more.
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2001-07-19 |
PARDO, J. |
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| In this case, there was no clear indication of the existence of conspiracy. First, eyewitness' identification of accused-appellant at the scene of the crime was not clear. Although the witness was familiar with the accused-appellant, the lack of lighting in the store at the time left doubt as to her proper identification of accused-appellant, who was several meters away from her. Second, Felicidad merely stated that she saw him standing by the door of the store.[20] Mere presence at the scene of the crime is insufficient to prove conspiracy.[21] A conspirator must perform an overt act in furtherance of the plan to commit a felony; 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.[22] Mere presence, knowledge, acquiescence to or agreement to cooperate, is not enough to constitute one as a party to a conspiracy, absent any active participation in the commission of the crime, with a view to the furtherance of the common design and purpose.[23] | |||||