Conspiracy and Proposals to Commit a Felony (Art.

8)
As a manner of
of incurring
incurring criminal liability

BALANUECO, Richelle Queen Z.

ID No. 164124
164124

PEOPLE OF THE PHILIPPINES

PHILIPPINES VS. EDMAR AGUILOS,
AGUILOS, ODILON LAGLIBA Y
ABREGON AND RENE GAYOT PILOLA
ABRECrON

FACTS:

On 55 February
February 1988,
1988, at
at around
around 11:30
11:30 in
in the
the evening,
evening, Elisa
Elisa Rolan
Rolan was
was wating
wating for her
her
Capa and Julian Azul Jr.
husband to arrive at their store in Mandaluyong City. Joselito Capa
Although already drunk, Edmar Aguilos
were drinking beer. Although Aguilos and Odilon Lagliba joined
them. While drinking, Edmar and Julian got into a heated argument. Elisa then advised
advised
them to go home as she was already closing up. When Joselito and Julian were about to
Elisa shouted "Tama
leave, Edmar and Odilon returned, blocking their way. Elisa “Tama rm.
na. Tama
na”
na" however, she was ignored. Edmar and Julian continued to trade fist blows until they
reach the store at the end of the street.
street.

Odilon positioned himself on top of a pile of hollow blocks and watched as Edmar and
punches. Joselito
Julian swapped punches. Joselito tried to intervened
intervened and apparently it did not sit well
with Odilon. He then pulled out his knife with his right hand and stepped down from his
perch. He placed his left arm around Joselito's
Joselito’s neck, and stabbed the latter.
latter. Ronnie and
Pilola saw their gangmate Odilon from across the street stabbing Joselito and decided to
the fray.
join the fray. They
They pulled out
out their knives,
knives, rushed
rushed to
to the
the scene
scene and
and stabbed
stabbed Joselito.
Joselito.
Joselito fell in the canal. Odilon and Pilola fled, while Ronnie went after Julian and tried
to stab him. Julian ran away. When he noticed that Ronnie was no longer running after
him, he stopped and looked back. He saw the latter pick up a piece of hollow block and
Joselito’s head. Ronnie also struck a broken bottle to Joselito.
bashed Joselito's Joselito. Ronnie then fled
from the scene and Joselito died on the spot.
spot.

Pilola denied stabbing the victim and stated his alibi that at the time the commotion was
was
happening, he remained inside the house of Julian Cadion because he was experiencing
experiencing
excessive pain due to ulcer. Julian Cadion corroborated his testimony.

Agripina Gloria, a female security guard testified that at the time of the commotion, she
she
saw Ronnie took a knife in the kitchen of her niece's
niece’s house and run towards the scene.
scene.
She saw
saw what Ronnie
Ronnie did
did however
however did not
not see
see Odilon
Odilon or Pilola
Pilola anywhere
anywhere within
within the
the
vicinity of the incident.

trial court
The trial court found
found Pilola
Pilola guilty
guilty beyond
beyond reasonable
reasonable doubt
doubt of
of murder with
with neither
neither
mitigating nor aggravating circumstance, was sentenced to reclusion perpetua.
perpetua.
ISSUE:
ISSUE:

Whether there was conspiracy among Pilola, Ronnie and Odilon in stabbing Joselito.
Joselit°.

HELD:
HELD:

Yes. There may be conspiracy even if an offender does not know the identities of the other
offenders, and even though he is not aware of all the details of the plan of operation or
was not in on the scheme from the beginning.
beginning.

RULING:
RULING:

Pilola argued
argued that the prosecution
prosecution failed to prove
prove that
that he
he conspired
conspired with Ronnie
Ronnie andand
Odilon in stabbing the victim to death. He contends that for one to be a conspirator, his
participation in the criminal resolution of another must either precede or be concurrent
with the criminal acts. He asserts that even if it were true that he was present at the situs
crimis and that he stabbed the victim, it was Odilon who has already decided, and in fact
He said that he could not have conspired with Odilon as
fatally stabbed the victim. He as the
incident was only a chance encounter. The Court was not persuaded.
persuaded.

There is conspiracy when two or more persons agree agree to commit a felony and decide to
commit it. Conspiracy as a mode of incurring
incurring criminal liability must be proved separately
separately
and with the same
from and same quantum of proof as the crime itself. It need not be be proven by
direct evidence. After
After all, secrecy and concealment are essential features of a successful
successful
conspiracy. IItt may be inferred from the conduct of the accused before, during and after
the commission of the crime, showing that they had acted with a common purpose and
design. Conspiracy may be implied if it it is proved that two or more persons aimed by their
acts towards the accomplishment of the same unlawful object, each doing a part so that
combined acts,
their combined acts, though
though apparently
apparently independent
independent ooff each
each other,
other, were,
were, iin fact,
n fact,
connected andand cooperative,
cooperative, indicating
indicating aa closeness
closeness ooff personal
personal association
association andand aa
concurrence of sentiment. There There may be conspiracy even if an offender does not know
the identities of
of the
the other offenders, and even though he is not aware of of all
all the details of
of
the plan of
of operation
operation or was not in on the scheme from the beginning. One need only to
knowingly contribute his efforts in furtherance of of it.
it. One who joins a criminal conspiracy
conspiracy
in effect adopts asas his own the criminal designs
designs of his co-conspirators. IIff conspiracy is
established, all the conspirators are liable as co- principals regardless of the manner and
extent of their
their participation since in contemplation of law, the act of one would be the act act
of all. Each of the conspirators is the agent of all the others.
others.

the overt
All the overt acts
acts of Odilon, Ronnie
Ronnie and
and the
the appellant
appellant before,
before, during,
during, and
and after
after the
the
stabbing incident indubitably show that they conspired to kill the victim.

In this case, Odilon all by himself initially

initially decided to stab the victim. The
The appellant and
Ronnie were on the side of the street. However,
However, while Odilon was stabbing the victim, the
appellant and Ronnie agreed
agreed to
to join
join in; they
they rushed to
to the
the scene
scene and also stabbed
stabbed the
victim with their respective knives. TheThe three men simultaneously stabbed the hapless
hapless
Odilon and the appellant fled from the scene together, while Ronnie went after
victim. Odilon
 When he failed to overtake and collar Julian, Ronnie returned to where Joselito
Julian. When
fell and hit him with a hollow block and a broken bottle. Ronnie
Ronnie then hurriedly left. All
All
the overt acts of Odilon, Ronnie and the appellant before, during, and after the stabbing
stabbing
incident indubitably show that they conspired to kill the victim.