People of the Philippines v Glino

GR No. 173793 December 4, 2007

FACTS:

Before the Court is an appeal under Rule 124, Section 13(c) of the 2000 Rules on Criminal
Procedure, as amended by A.M. No. 00-5-03-SC, from the Judgment of the Court of Appeals
(CA) affirming in toto the Decision of the Regional Trial Court (RTC) in Las Piñas City, Metro
Manila, convicting accused-appellant Conrado Glino of murder and attempted murder for the
senseless killing of Domingo Boji and the stabbing of his wife, Virginia Boji.

Antecedents:

While aboard a jeepney, the accused Glino and Baloes allegedly took turns stabbing Domingo
Boji and his wife Virginia while inside the moving jeep. The incident happened when the
suspects had an argument with the victim for a lighter spat. Baloes died later in prison. Glino
denies knowing Baloes.

ISSUE:

Whether or not there was conspiracy

HELD:

Yes, there is conspiracy. Conspiracy exists when 2 or more persons come to an agreement
concerning the commission of a felony and decide to commit it. It must be shown to
exist as clearly and convincingly as the commission of the offense itself (Neither joint nor
simultaneous act PER SE is sufficient proof of conspiracy).

Also, in conspiracy, who actually killed the victim is immaterial. The act of one is the act
of all. Hence, it is not necessary that all participants deliver the fatal blow.

In this case, the acts of Baloes and Glino before, during, and after the killing of Domingo
indicate joint purpose, concerted action, and concurrence of sentiment. Virginia narrated that
while Baloes was stabbing Domingo, Glino blocked her path and prevented her from helping.
He later joined Baloes in stabbing Domingo.