People v. Nacional
People v. Nacional
HELD:
TOPIC: ARTICLE 8. Conspiracy and Proposal to
Commit Felony. — Conspiracy and proposal to Yes, they are guilty of conspiracy.
commit felony are punishable only in the cases in
which the law specially provides a penalty Yes. The conspiracy in the instant case was
therefor. established at the meeting of February 25, 1985
at 4:00 p.m. apparently, nobody disagreed with
A conspiracy exists when two or more persons the plan to shoot the victims because
come to an agreement concerning the immediately after the meeting, all the accused
commission of a felony and decide to commit it. were seen walking as a group towards Barangay
Salvacion. When they saw their intended victims,
There is proposal when the person who has
they shot them and fled towards the RCPI
decided to commit a felony proposes its
execution to some other person or persons. building. Even those left at the waiting shed
likewise fled towards the same direction. Clearly,
FACTS: the shooting of the Lagasons was characterized
by a unity of purpose, intention and design.
On February 21, 1985 at Brgy. Salvacion,
Municipality of Daraga, Province of Albay. Walter While, it hardly matters that accused-appellant
National alias "Ka Dennis," and four others with was not actually present at the specific place of
intent to kill, conspiring, confederating and the shooting. However, he was at the waiting
helping one another, with evident planning and shed but this was for the purpose of providing
taking advantage of superior strength, did then
security to those who carried out the shooting.
and there willfully, unlawfully and intently shoot
with a firearm Quirino Lagason and Joel The waiting shed was located along the way to
Lagason, inflicting upon them the injuries the Lagasons' house, strategically at the
resulting to their death. entrance to and exit from it.
The accused, Walter Nacional and five others A conspiracy, once established, makes each of
were said to be civilian members of the barangay the conspirators liable for the acts of the others.
organization of the Communist Party of the All conspirators are liable as co-principals
Philippines (CPP) –NPA at Daraga, Albay. regardless of the extent of their participation
because in contemplation of law, the act of one is
A few days before the crime was committed, their
the act of all.
organization held a conference and identified the
victims, Quirino and Joel Lagason, as the military \WHEREOF, the decision appealed from is
informants. They believed that both, Quirino and
hereby AFFIRMED insofar as the criminal
Joel, posed as a threat to the organization’s
operations within the vicinity and targeted their liability of accused-appellant Javier Mirabete
liquidation. is concerned, and insofar as the civil liability
of all the accused in Criminal Cases Nos.
Nobody disagreed and immediately after the said 4854-4855. The prosecution has clearly and
conference; all accused immediately carried out convincingly
the plan. Walter Nacional and the other accused
claimed not guilty with a defense that their established the existence of a conspiracy in
presence in the vicinity of the crime was merely the planning and execution of the crimes.
incidental. They merely showed directions, and Conspiracy arises at the very instant the
offered water, while the accused appellant
plotters agree, expressly or impliedly to
testified that he was watching a volleyball game
near the scene of the crime when the shooting commit the felony and forthwith to actually
happened. pursue it.