This case has been cited 1 times or more.
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2014-12-01 |
DEL CASTILLO, J. |
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| "To establish the existence of conspiracy, direct proof is not essential. Conspiracy may be inferred from the acts of the accused before, during and after the commission of the crime which indubitably point to and are indicative of a joint purpose, concert of action and community of interest."[24] The series of overt acts as recounted by the prosecution witnesses unmistakably show that appellants were in concert and shared a common interest in selling the shabu. Thus, when PO2 Soriano gave the P500.00 bill to Gandawali, the latter handed the money to Pagalad; when Pagalad took a small heat-sealed transparent plastic sachet from his pocket, he gave it to Gandawali who, in turn, gave the same to PO2 Soriano; and when PO2 Soriano announced their arrest, both appellants tried to escape. Clearly, there was conspiracy between them to sell and deliver a dangerous drug. In view thereof, they are liable as co-principals regardless of their participation in the commission of the offense. | |||||