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    Topic: Article 8 Conspiracy and Proposal To Commit Felony: Case Facts Issues Ruling

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    The Court of First Instance of Rizal found six defendants guilty of multiple murder and sentenced them to death. The defendants were members of the "OXO" gang in prison who conspired to attack and kill members of the rival "Sigue-Sigue" gang. On appeal, the issues were whether there was conspiracy in committing the murders and whether conspiracy alone is a punishable crime. The Supreme Court ruled that (1) conspiracy to commit the murders was established based on circumstances showing the crimes were planned, and (2) conspiracy is not itself a crime under the Revised Penal Code unless a specific penalty is provided by law, but all conspirators are liable as co-principals for crimes committed

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    Topic: Article 8 Conspiracy and Proposal To Commit Felony: Case Facts Issues Ruling

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    A M I R A
    104 views2 pages
    The Court of First Instance of Rizal found six defendants guilty of multiple murder and sentenced them to death. The defendants were members of the "OXO" gang in prison who conspired to attack and kill members of the rival "Sigue-Sigue" gang. On appeal, the issues were whether there was conspiracy in committing the murders and whether conspiracy alone is a punishable crime. The Supreme Court ruled that (1) conspiracy to commit the murders was established based on circumstances showing the crimes were planned, and (2) conspiracy is not itself a crime under the Revised Penal Code unless a specific penalty is provided by law, but all conspirators are liable as co-principals for crimes committed

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    2. PEOPLE VS. AMADEO CD

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    The Court of First Instance of Rizal found six defendants guilty of multiple murder and sentenced them to death. The defendants were members of the "OXO" gang in prison who conspired to attack and kill members of the rival "Sigue-Sigue" gang. On appeal, the issues were whether there was conspiracy in committing the murders and whether conspiracy alone is a punishable crime. The Supreme Court ruled that (1) conspiracy to commit the murders was established based on circumstances showing the crimes were planned, and (2) conspiracy is not itself a crime under the Revised Penal Code unless a specific penalty is provided by law, but all conspirators are liable as co-principals for crimes committed

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    104 views2 pages

    Topic: Article 8 Conspiracy and Proposal To Commit Felony: Case Facts Issues Ruling

    Uploaded by

    A M I R A
    The Court of First Instance of Rizal found six defendants guilty of multiple murder and sentenced them to death. The defendants were members of the "OXO" gang in prison who conspired to attack and kill members of the rival "Sigue-Sigue" gang. On appeal, the issues were whether there was conspiracy in committing the murders and whether conspiracy alone is a punishable crime. The Supreme Court ruled that (1) conspiracy to commit the murders was established based on circumstances showing the crimes were planned, and (2) conspiracy is not itself a crime under the Revised Penal Code unless a specific penalty is provided by law, but all conspirators are liable as co-principals for crimes committed

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    CASE FACTS ISSUES RULING

    Topic: In the decision in criminal case 7705 of the Court of First Held:
    ARTICLE 8 Instance of Rizal, subject of the present automatic review,
    Amadeo Peralta, Andres Factora, Leonardo Dosal, Angel A conspiracy exists when two or more persons come to an agreement
    Conspiracy Parumog, Gervasio Larita and FlorencioLuna (six among concerning the commission of a felony and decide to commit it. Generally,
    conspiracy is not a crime unless when the law specifically provides a penalty
    and the twenty-two defendants[1] charged therein with multiple
    (a) Whether thereof as in treason, rebellion and sedition. However, when in resolute
    Proposal to murder) were pronounced guilty, and all sentenced to death, or not there execution of a common scheme, a felony is committed by two or more
    Commit to indemnify jointly and severally the heirs of each of the was malefactors, the existence of a conspiracy assumes a pivotal importance in
    Felony victims, namely, Jose Carriego, EugenioBarbosa and conspiracy in the determination of the liability of the perpetrators. Once an express or
    Santos Cruz, in the sum of P6,000, and each to pay his the implied conspiracy is proved, all of the conspirators are liable as co-principals
    corresponding share of the costs. commission regardless of the extent and character of their respective active participation
    of the multiple in the commission of the crime/s perpetrated in furtherance of the conspiracy
    PEOPLE On February 16, 1958, in the municipality of Muntinglupa, murder? because in contemplation of law the act of one is the act of all.
    vs. province of Rizal, two known warring gangs inside the New
    Bilibid Prison as “Sigue-Sigue” and “OXO” were preparing to The collective criminal liability emanates from the ensnaring nature of
    attend a mass at 7 a.m. However, a fight between the two conspiracy. The concerted action of the conspirators in consummating their
    AMADEO common purpose is a patent display of their evil partnership, and for the
    rival gangs caused a big commotion in the plaza where the
    consequences of such criminal enterprise they must be held solidarity liable.
    PERALTA, prisoners were currently assembled. The fight was quelled However, in order to hold an accused guilty as co-principal by reason of
    et.al and those involved where led away to the investigation while conspiracy, it must be established that he performed an overt act in
    the rest of the prisoners were ordered to return to their furtherance of the conspiracy, either by actively participating in the actual
    G.R. No. L- respective quarters. commission of the crime, or by lending moral assistance to his co-
    19069 conspirators by being present at the scene of the crime, or by exerting moral
    In the investigation, it was found out that the accused, ascendancy over the rest of the conspirators as to move them to executing
    October 29, “OXO” members, Amadeo Peralta, Andres Factora, the conspiracy.
    1968 Leonardo Dosal, Angel Paramog, Gervasio Larita and
    Florencio Luna (six among the twenty-two defendants Conspiracy alone, without execution of its purpose, is not a crime
    charged therein with multiple murder), are also convicts punishable by law, except in special instances (Article 8, Revised Penal
    Code) which, do not include robbery.
    confined in the said prisons by virtue of final judgments.
    Reverting now to the case at bar, the trial court correctly ruled that
    They conspired, confederated and mutually helped and conspiracy attended the commission of the murders. To wit, although
    aided each other, with evident premeditation and treachery, there is no direct evidence of conspiracy, the court can safely say that there
    all armed with deadly weapons, did, then and there, willfully, are several circumstances to show that the crime committed by the accused
    unlawfully and feloniously killed “Sigue-Sigue” sympathizers was planned. First, all the deceased were Tagalogs and members of
    Jose Carriego, Eugenio Barbosa and Santos Cruz, also sympathizers of “Sigue-Sigue” gang (OXO members were from either
    convicts confined in the same institution, by hitting, stabbing, Visayas or Mindanao), singled out and killed thereby, showing that
    and striking them with ice picks, clubs and other improvised their killing has been planned. Second, the accused were all armed with
    weapons, pointed and/or sharpened, thereby inflicting upon improvised weapons showing that they really prepared for the
    the victims multiple serious injuries which directly caused occasion. Third, the accused accomplished the killing with team work
    precision going from one brigade to another and attacking the same
    their deaths.
    men whom they have previously marked for liquidation and lastly,
    almost the same people took part in the killing of the Carriego, Barbosa
    and Cruz.

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