Facts: Accused, spouses Elpidio and Elena Hernando, were engaged in the business of importing Apple and IBM computers. Complainant, Johnny Sy, is the owner of Palomino Club Restaurant. Spouses Hernando were good customers of Sy. Because of "pakikisama" and because of Elpidio's assurances that the checks issued by Elena in five dates, in payment of an obligation, were good, Sy accepted the same. The checks were all dishonored upon presentment for payment to the bank because the account had been closed. Upon demand, Elpidio refused to pay, and even threatened Sy that he has goons and politician friends. The trial court found the spouses guilty of estafa.
Issue: Whether Elpidio should be acquitted on the ground that he was not the drawer of the checks.
Held: NO, he should not be acquitted. Where the acts of the accused collectively and individually demonstrate the existence of a common design towards the accomplishment of the same unlawful purpose, conspiracy is evident and all the perpetrators will be liable as principals. Direct proof is not necessary to prove conspiracy but may inferred from the acts of the accused, before, during, and after committing the crime, which suggests that they acted in concert and in pursuance of the same purpose.
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