Tuesday, November 29, 2011

People of the Philippines vs. Jonjie Esoy, G.R. No. 185849, April 7, 2010

Conspiracy; elements. Accused contends that the mere fact that they boarded the jeepney at the same time does not mean that they acted in conspiracy. This contention was rejected since conspiracy may be deduced from the acts of the appellants before, during and after the commission of the crime which are indicative of a joint purpose, concerted action, and concurrence of sentiments. Here, all three accused boarded the jeepney at the same time; two sat strategically in front of the victim while the other sat behind him; two of them drew out their balisongs and swung the same at the victim; and all hurriedly alighted from the jeepney at the same time. Their original and principal intention was undoubtedly to stage a robber with use of violence. Conspiracy has been established and all of them are liable as co-principals regardless of the manner and extent of their participation since the act of one is the act of all. The People of the Philippines vs. Jonjie Esoy, G.R. No. 185849, April 7, 2010

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