Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Continente (G.R. No. 100801-02)

Facts: The plaintiff-appellee is the People of the Philippines. The accused-appellant are Donato
B. Continente and Juanito T. Itaas. In the case at bar, on April 21, 1989, the car of U.S. Col.
James N. Rowe, a Deputy Commander of Joint U.S. Military Assistance Group (JUSMAG), was
ambushed at the corner of Tomas Morato Street and Timog Ave. in Quezon City. The
investigation of the Central Intelligence Service (CIS) shows that on the time of the ambush, Col.
James Rowe, was on board his gray Mitsubishi Galant car which was being driven by Joaquin
Vinuya were on their way to the JUSMAG Compound along Tomas Morato Street when gunmen
who were on board an old model Toyota Corolla car suddenly fired at his car, thereby killing the
deceased and seriously wounding his driver Joaquin Vinuya. The witness Zulueta recognized the
herein appellant Continente as one whom she encountered and present around the premises of
JUSMAG Compound suspiciously. The trial court found the herein appellants liable for the
crimes of murder and frustrated murder.

Issue: Whether or not the appellant are guilty of the said crimes

Held: The Supreme Court said that it is clear that these appellants did not conspire to kill the
deceased. Their participation of them are not acts conspirators as it is evident all the requisites
are present to prove conspiracy were not. These are: “(a) community of design, i.e., knowing the
criminal design of the principal by direct participation, he concurs with the latter in his purpose;
(b) he cooperates in the execution of the offense by previous or simultaneous acts; and (c) there
must be a relation between the acts done by the principal and those attributed to the person
charged as accomplice.”