Thursday, January 29, 2009

PEOPLE VS TABUSO October 26, 1999



Facts:
Prosecution witnesses narrated that the victim Robert Bugasin passed by the group of Arnold Mendoza, accused Arquillos Tabuso, and some other companions. Tabuso allegedly shouted "nandiyan na si dagul", and then gunshots were heard. They all left hurriedly thereafter. Tabuso for his part consistently testified that he knew nothing of the killing when he was identified by witnesses pointing to him as a relative of Arnold Mendoza. Arnold Mendoza was the one seen shooting the victim.



Issue: Whether Tabuso may be convicted for murder as a conspirator.


Held: He may not be convicted. Settled is the rule that to establish conspiracy, evidence of actual cooperation rather them mere cognition or approval of an illegal act is required. Conspiracy certainly transcends companionship. Assumed intimacy between two persons of itself does not give that much significance to the existence of criminal conspiracy.

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