PEOPLE OF THE PHILIPPINE VS FRANCISCO JUAN LARRAAGA,ET.AL.

(421 SCRA 530, FEBRUARY 3,2004)

CONSPIRACY: SIMPLE& SPECIAL COMPLEX CRIME

Facts:

Marijoy and Jacqueline Chiong were kidnapped on the night of the 16 th of July, 1997 by Larraaga and
seven other men. Both women were raped but only Marijoys body was found at the bottom of the cliff while
Jacquelines body remained missing.

After almost ten months, Davidson Rusia, one of the kidnappers and rapists, came forward to confess
and re-enact the commission of the crimes in exchange for immunity. He identified Francisco Larraaga,
Josman Aznar, RowenAdlawan, Alberto Cano, Ariel Balansag, James Andrew and James Anthony Uy (brothers)
as the other men involved in the crime and had them all charged.

The testimony of Rusia was supported by other witnesses so he was able to gain immunity as a state
witness. Later on, Larraaga, et al., were convicted and were found guilty of the crimes of kidnapping and
serious illegal detention. They were sentenced to suffer to the penalties of two reclusion perpetua and to
indemnify the heirs of the victims for the actual damages and moral and exemplary damages. The appellants
questioned the decision of the court in concluding that there was a conspiracy.

Issue:

Whether or not the appellants have conspired to commit the acts against the Chiong sisters.

Ruling:

1. Yes. The appellants have concerted actions which point out their joint purpose and community of
intent. In committing a conspiracy, direct proof of previews agreement to commit the crime is not necessary.
The proofs can be shown through the conduct of the accused before, during and after the commission of the
crime. The appellants actions show that they have the same intention to kidnap and detain the Chiong sisters
by the way they grabbed the sisters from the vicinity of Ayala Center and how there was a car behind which
served as the backup. The rest of the actions after were done as though it was all planned out and that
constitutes to a conspiracy.