ART 8 CONSPIRACY

PEOPLE VS CARANDANG (DRUG DEAL OPEN FIRE)

CRIME CHARGED CONSPIRING TOGETHER (Carandang, Milan, Chua)
Killed - PO2 Alonzo (several gunshot)
Killed - SPO2 Red (several gunshot + grenade)
Gunshot on neck - SPO1 Montecalvo (timely medical
assistance)

FACTS Time: Afternoon

Who: La Loma Drug enforcement unit Police Station 1
What: Received assistance request from the sister of Milan
(accused) of a drug deal taking place in her house
SPO2 PILAR formed a team for the interrogation

Reaching the house → team surrounded the house

1 group to the left side /// SPO2 PILAR’s group to the right

Went at the back of the house → Milan’s room (3 accused inside)

Team introduced as police

Milan shut the door
Police forced themselves inside
Sudden gunshots rang
2 police officers killed
Police heard Chua: “ Sugurin mo na”
Milan lunged towards the police, police able to fire his gun

Reinforcements came
Milan and SPO1 Montecalvo was brought to the hospital

Carandang and Chua was still inside the house, after

negotiations then surrendered

RTC 2 COUNTS OF MURDER AND 1 COUNT OF FRUSTRATED

MURDER

- with conspiracy

CA AFFIRMED WITH MODIFICATION *Carandang did not

 appealed further

SC AFFIRMED WITH MODIFICATION

- carandang’s liability is in accordance to the amounts
awarded by CA
- the additional was to Milan and Chua

DECISION 2 COUNTS OF MURDER AND 1 COUNT OF FRUSTRATED

MURDER

ABOUT THERE’S CONSPIRACY → ACT OF ONE IS ACT OF ALL

CONSPIRACY
Acting in concert: (Milan and Chua conspired with
Carandang)
- they heard the presence of police
- Milan shutting the door
- No one talked with the police peacefully
- allowing Carandang to open fired
- The chua ordered Milan to attack the police officers
(lending encouragement)

- Milan shutting the door

(facilitated the commission of the crime)
* because of this appellants take strategic positions
gave them vantage point in staging their assault
* the sudden open fire resulted with 2 police officers
killed

As co-conspirators all three are considered

principals by direct participation

PEOPLE VS OCTA (KIDNAPPING)

CRIME CHARGED KIDNAPPING FOR RANSOM

FACTS
- Sept 25
Johnny and Mike on board a Honda Civic Car traveling
Sampaloc, Manila.
- They were blocked by LANCER
- 4 armed occupants alighted
 - One person open fired
- Armed men went inside the honda civic
- Corpuz was transferred at the back seat, handcuffed,
blindfolded and boxed
- The men asked for his mother-in-law’s number
- They called saying Johnny is in their custody and they
would meet each other at a certain place.
- They also called Johnny’s wife
- Saying Johnny and his brother are kidnapped
- Ransom: 20M
- Wife asked the assistance of the police

Kidnappers gave directions how the ransom money will be

delivered
- Wife was made to stop at Red Lips Beer house and go
to nearby Caltex Auto Supply
- Meet with the man with red cap “ saan ang padala ni
boss?” (later named Octa)
- Wife wanted to be sure, called the kidnapper in contact,
gave the phone, they talked
- Gave the ransom money -> released johnny then mike

RTC KIDNAPPING FOR RANSOM

With conspiracy -> Octa receiving ransom money

CA AFFIRMED

SC AFFIRMED

ABOUT YES CONSPIRACY → OCTA guilty as co-principal

CONSPIRACY
To be accused as co-principal he must be shown to have
performed an overt act of furtherance of complicity (taking
random money)

*there’s commonality of purpose to commit kidnapping for

ransom

PEOPLE VS FELICIANO (FRATERNITY)

CRIME CHARGED MURDER
FACTS Who: Scintilla Juris Fraternity

Members of Sigma Rho Fraternity were having lunch at UP

canteen
Dennis shouted
10 men charged towards them
Armed with baseball bats and lead pipes, heads covered with
handkerchiefs or shirts

Victims were rushed to the hospital, Dennis dies from his

injuries

Victims filed complaint with the NBi

RTC MURDER & ATTEMPTED MURDER - FELICIANO ET AL

ACQUITTED- ABLANIDA ET AL

GUERRERO - ORDERED ARCHIVED UNTIL HIS

APPREHENSION

THERE’S CONSPIRACY

CA SLIGHT INJURIES

SC MURDER AND ATTEMPTED MURDER

ABOUT THERE’S CONSPIRACY

CONSPIRACY
All accused are one in their plan to conceal their identity
Charged with murder, frustrated murder and attempted murder
Masks → aggravating circumstance
All in agreement to do highest damage possible with basebal
bats

There’s close and inseparable relation of each of them with the

criminal act
→ there’s common agreement

It is established that the malefactors conspired in the

commission of the felony no need to investigate the degree of
participation
PEOPLE VS BOKINGCO (PAWNSHOP APARTMENT)
CRIME CHARGED MURDER

FACTS Time:
Who:
What:

Noli Pasion and his wife owned a pawnshop

- Formed part of his house

Witness 1 - Vitilacio
Vitilacio spin drying his clothes
Heard a commotion from Apartment 3
Checked the unit through his screen door
Saw Bokinco hitting something on the floor

Bokingco saw Vitilacio, pushed open the screen door and

attacked him with a hammer

Tried to chase him but Bokingco was subdued by a co-worker

Vitilacio went back to Apt 3 saw Pasion’s body lying on the

kitchen floor

Both were brought to the hospital

Pasion died

Witness 2 - ELSA PASION

In her masterbedroom
Heard banging sounds
Went downstairs, Col blocked her way
Elsa asked why he was inside her house
Col sprayed tear gas on her eyes and poked a sharp object
under her chin

Col instructed her to open the pawnshop’s vault

She does not know the combination lock

Bokingco open the screendoor and heard him tell col “tara patay
na sya”
Col let her go and ran away with Bokingco

She ran to apt 3, and saw her husband lying on the floor
RTC MURDER

CA AFFIRMED

SC Bokingco - Homicide Col - Acquitted

ABOUT NO CONSPIRACY → NO SIMILAR CRIMINAL INTENT

CONSPIRACY THEREFORE DIFFERENT CRIMINAL LIABILITIES

Only Bokingco was held liable for homicide

Col has nothing to do with the killing
Col was only staging the robbery while Bokingco killed the
husband

PEOPLE VS CASTILLO (KIDNAPPING AT MCDONALDS)

CRIME CHARGED CASTILLO AND PADAHAYAG CONSPIRING TO KIDNAP A 5
YEAR OLD

FACTS Baria helper of Cebrero’s

Bathed Rocky (6 y/o) and was advised that someone will picked
up Rocky to attend a birthday party

A tricycle arrived, and on board is padahayag

Baria assisted Rocky to board the tricycle
The tricy went to a nearby Mcdonald’s, they were joined by
castillo

Cebrero arrived home and was informed by his other son DJ

that Rocky did not attend school
Received a phone call “ ATM o ang bata?”
Asked how much money in the ATM
“P40k”

Called again - ransom was raised to 1M

He was asked to drop the money at the Sabadista Church

The conspirators got to the church and picked up the money
The police haven’t catch them yet

Next day rocky was returned via tricycle

- The two were finally apprehended at Brgy Miltimos

RTC KIDNAPPING AND SERIOUS ILLEGAL DETENTION
-DEATH PENALTY - WITH CONSPIRACY

CA CASTILLO - KIDNAPPING AFFIRMED PADAHAYAG -

ACQUITTED

SC

ABOUT NO CONSPIRACY → NO SIMILAR CRIMINAL INTENT

CONSPIRACY THEREFORE DIFFERENT CRIMINAL LIABILITIES

Padahayag’s involvement → fetching rocky and bringing him to

Castillo (court convinced that it was a conspiracy)

Conspiracy established by the essence of two factors/l

1. Singularity of intent
2. Unity in execution of unlawful objective

Performance of an act that contributes to the goal of another is

not enough

Padahayag’s act of fetching Rocky is not conclusive proof of her

complicity with Castillo’s plan
She did not know Castillo’s plan
Castillo misled Padahayag and vulnerable to the former’s
manipulation (Castillo saying she misses Rocky as her former
ward)

Padahayag’s intent to fetch the boy was not to kidnap him. NO

intentional participation
For a person to be considered an accomplice they have to know
the criminal design of the principal

PEOPLE VS MORILLA (syndicate crime group)

CRIME CHARGED ILLEGAL TRANSPORT OF SHABU

FACTS Who: Morilla and Mayor Mitra

What:
Transport by means of 2 motor vehicles (500+ kilos of shabu)
a. Starex van (with Mayor plate)
b. Municipal Ambulance
Panukulan Quezon Province
 -> caught at checkpoint in Real Quezon

Mayor Mitra drive the starex van ahead of the ambulance,

ambulance stopped at checkpoint,
Police saw the sacks
Morilla said their narra wooden tiles

Car chase

RTC Guilty of crime of illegal transport of shabu

Morilla and Mayor Mitra convicted

Yang and Dequilla Acquitted

CA AFFIRMED

SC AFFIRMED WITH MODIFICATION

ABOUT THERE’S CONSPIRACY → THERE’S EXPRESS PROVISION

CONSPIRACY UNDER SECT 26 OF RA 9165