Peralta, Joshua 1D Crim1

People vs Dadao et al.

GR 175926, July 6, 2011

Conspiracy arises on the very instant the plotters agree, expressly or impliedly, to commit the
felony and decide to pursue it. Once established, each and every one of the conspirators is
made criminally liable for the crime actually committed by any one of them.

In the absence of any direct proof, the agreement to commit a crime may be deduced from the
¹mode and manner of the commission of the offense or inferred from ²acts that point to a
joint purpose and design, concerted action, and community of interest. As such, it does not
matter who inflicted the mortal wound, as each of the actors incurs the same criminal liability,
because the act of one is the act of all.

Facts:
That on or about the 11th day of July 1993, at 7:30 in the evening Brgy. Salucot, Talakag,
Bukidnon, Ronie and Edgar Dacion, stepsons of Yacapin, saw Dadao and Sulindao, who held
bolos and Eddie and Alfemio Malogsi held firearms, helping each other shot to death the victim.

At around 10:00 pm Ronie and Edgar reached the house of Signawan and told him that their
stepfather was killed by the accused. The following morning they returned to the house of the
victim and found the latter already dead where empty shells of firearms were recovered.

Police Inspector Armada conducted an examination for paraffin test on all four accused finding
that they yielded negative results.

RTC: Accused of murder

CA: Appeal dismissed and RTC decision affirmed

Appellants reiterate that their guilty was not proven beyond reasonable doubt.
Eddie Malogsi died during the pendency of the case to which his criminal case was dismissed.

SC affirmed the decision of CA

Issue:
Whether or not there is conspiracy among the accused?
Held:
YES. Only Eddie and Alfemio Malogsi held firearms which were used in the fatal shooting of
Pionio Yacapin while Marcelino Dadao and Antonio Sulindao purportedly held bolos. Thus, it
does not come as a surprise that the latter two tested negative for powder burns because they
were never accused of having fired any gun. Nevertheless, the evidence on record has
established that all four accused shared a community of criminal design. By their concerted
action, it is evident that they conspired with one another to murder Pionio Yacapin and should
each suffer the same criminal liability attached to the aforementioned criminal act regardless of
who fired the weapon which delivered the fatal wounds that ended the life of the victim.

There is conspiracy when two or more persons come to an agreement concerning the
commission of a felony and then decide to commit it. It arises on the very instant the plotters
agree, expressly or impliedly, to commit the felony and forthwith decide to pursue it. Once
established, each and every one of the conspirators is made criminally liable for the crime
actually committed by any one of them. In the absence of any direct proof, the agreement to
commit a crime may be deduced from the mode and manner of the commission of the offense
or inferred from acts that point to a joint purpose and design, concerted action, and community
of interest. As such, it does not matter who inflicted the mortal wound, as each of the actors
incurs the same criminal liability, because the act of one is the act of all.