Wednesday, January 11, 2012

Conspiracy

Based on these acts alone, it cannot be logically inferred that Col conspired with Bokingco in killing Pasion. At the most, Col’s actuations can be equated to attempted robbery, which was actually the initial information filed against appellants before it was amended, on motion of the prosecution, for murder.

Elsa testified that she heard Bokingco call out to Col that Pasion had been killed and that they had to leave the place. This does not prove that they acted in concert towards the consummation of the crime. It only proves, at best, that there were two crimes committed simultaneously and they were united in their efforts to escape from the crimes they separately committed.

Their acts did not reveal a unity of purpose that is to kill Pasion. Bokingco had already killed Pasion even before he sought Col. Their moves were not coordinated because while Bokingco was killing Pasion because of his pent-up anger, Col was attempting to rob the pawnshop (People of the Philippines Vs. Michael Bokingo and Reynante Col, G.R. No. 187536. August 10, 2011)

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