PEOPLE v.

AGACER

G.R. No. 177751 | 14 December 2011

Felonies

DOCTRINE: In conspiracy, it is not necessary to adduce direct evidence of a previous agreement to

commit a crime. It “may be shown through circumstantial evidence, deduced from the mode and manner
in which the offense was perpetrated, or inferred from the acts of the accused themselves when such
lead to a joint purpose and design, concerted action, and community of interest.”

FACTS:

• Respondent et al. was charged with conspiracy to commit murder of Cesario. While the victim was
tending to his farm respondents appeared and surrounded the victim, one of them threw stones at
Cesario, the other used a bow and arrow while the last one used a firearm and shot Cesario in the chest,
causing his death.

• Respondents set-up the self-defense as a defense and also question the existence of a conspiracy,
because they claim that only one of the fired the shot against Cesario.

ISSUE: Whether or not there was conspiracy

HELD: Yes, the acts of the assailants constitute proof of their unanimity in design, intent and execution.
They performed specific acts with closeness and coordination as to unmistakable indicate a common
purpose and design to ensure the death of Cesario.

• While there is no proof of any previous agreement among appellants to commit the crime and while it
was established during trial that Eddie alone shot Cesario, the acts of all appellants before, during and
after the incident establish the existence of conspiracy to kill Cesario beyond reasonable doubt.

• Self-defense cannot be appreciated because respondents failed to present any evidence to substantiate
his claim that there was an actual or imminent peril to his life or limb. Aside from his unreliable and self-
Serving claim, there is no proof that Cesario assaulted and shot him with a firearm during their struggle
or, if at all, that there was indeed a struggle between them.