People v Pabillare 418 SCRA 104

Facts: Gurmail Singh was riding his motorcycle along Quezon City when Conrado
Caada blocked him which caused his fall. Eduardo Pabillare and Johnny "Kulot"
dragged him inside the car, accused him of raping Johnny’s niece and started beating
him. They demanded him to produce P100,000 for his release but later came into an
agreement with P25,000.

Gurmail was taken inside a bodega with 2 other persons (Alfredo Corpuz and Sotero
Santos).

The accused called Lakhbir Singh (Gurmail’s cousin) informed him that Gurmail was
kidnapped. They instructed him that the payoff (P20,000) will be held at Jollibee.
Lakhbir reported the matter to Police Station in QC and did an entrapment operation.

Contention of the Accused: Caada contends that he did not conspire with the other
accused who were strangers to him.

Crime: Kidnapping for Ransom

Issue: Whether Caada is accused of conspiracy or not.

Ruling: To hold an accused guilty as co-principal by reason of conspiracy, he must be

shown to have performed an overt (obvious) act in pursuance or furtherance of the
complicity. There must be intentional participation in the transaction with a view to the
furtherance of the common design and purpose. Responsibility of a conspirator is not
confined to the accomplishment of a particular purpose of conspiracy but extends to
collateral acts and offenses incident to and growing out of the purpose intended.