People vs.

Cabrera Doctrine: Where the act or declaration of a conspirator relating to the conspiracy is made after such conspiracy has ceased and the conspirator is already in the hands of the authorities, such act or declaration can no longer be given in evidence against the co-conspirator.
Evidence: Testimonial Extrajudicial statement

Facts: On January 17, 1972, Police Sgt. Mario Tanfelix received an instruction to proceed to Jose Reyes Memorial Hospital to investigate an abandoned person found at the North Diversion Road suffering from stab wounds. The abandoned person was Luis dela Cruz, who gave an ante-mortem statement naming Rosario Cabrera as the person who hired his jeep and who was with the three unidentified men who stabbed him and took his money and jeep. The next morning, Cabrera was arrested, and two days later, executed an extra-judicial confession, pointing to Conrado Villanueva as the mastermind of the robbery. She herself merely hired the jeep upon instructions, but the robbery and killing itself were done by Villanueva and two others. One Dante Marcelo also testified that, on the night of the robbery, he had seen Cabrera riding on the jeep of dela Cruz, but did not notice whether there were other passengers. Cabrera and Villanueva were convicted on the basis of Cabreras extrajudicial confession.

Issue: Is Cabreras extrajudicial statement admissible against Villanueva? Held:

NO! The extrajudicial statement of Cabrera is inadmissible against Villanueva, who made timely objection thereto. Cabreras inculpatory statements were made during the investigation conducted by the Valenzuela police on January 20, 1972, two days after the date of the incident in question. For this reason alone, said statement was not made during the existence of the alleged conspiracy between her and Villanueva, but after said supposed conspiracy had already ceased and when she was already in the hands of the authorites. Hence, Sec. 27, Rule 130, of the Rules of Court, which allows the act or declaration of a conspirator relating to the conspiracy and during its existence to be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act or declaration, cannot be availed of.