Conspiracy Flashcards
Criminal Law 2018 Ib
Roberto and Ricardo have had a long-standing dispute regarding conflicting claims over the ownership of a parcel of land. One night, Roberto was so enraged that he decided to kill Ricardo. Roberto asked his best friend, Rafael, to lend him a gun and drive him to Ricardo’s house. Rafael knew about Roberto’s plan to kill Ricardo, but agreed to lend him a gun nevertheless. Rafael also drove Roberto to the street corner nearest the house of Ricardo. Rafael waited for him there, until the task had been accomplished, so that he could drive Roberto to the next town to evade arrest. Roberto also asked another friend, Ruel, to stand guard outside Ricardo’s house, for the purpose of warning him in case there was any danger or possible witnesses, and to keep other persons away from the vicinity. All three - Roberto, Rafael and Ruel - agreed to the plan and their respective roles.
On the agreed date, Rafael drove Roberto and Ruel to the nearest corner near Ricardo’s house. Roberto and Ruel walked about 50 meters where Ruel took his post as guard, and Roberto walked about five (5) meters more, aimed the gun at Ricardo’s bedroom, and peppered it with bullets. When he thought that he had accomplished his plan, Roberto ran away, followed by Ruel, and together they rode in Rafael’s car where they drove to the next town to spend the night there. It turned out that Ricardo was out of town when the incident happened, and no one was in his room at the time it was peppered with bullets. Thus, no one was killed or injured during the incident.
(b) If a crime was committed, what is the degree of participation of Roberto, Rafael, and Ruel?
All the perpetrators (Roberto, Rafael, and Ruel) are criminally liable as principals since the conspiracy among them was clearly established by their participation.
a) Roberto is principal by direct participation as he took a direct part in the execution of the plan to kill Ricardo by firing his gun at the room of the intended victim.
b) Rafael is principal by indispensable cooperation not only because he lent his gun to Roberto fully knowing the unlawful intent of the latter, but also drove him to the place of the commission of a crime and to a place where he could escape.
c) Ruel being involved in the criminal plan to kill Ricardo acted in conspiracy with the two (2) other perpetrators staying in the place from the time they planned the crime up to its finalization. They were together in the car driven by Rafael going to the next town in escaping from the scene of the crime.
Criminal Law 2018 IIb
Rico, a hit man, positioned himself at the rooftop of a nearby building of a bank, to serve as a lookout for Red and Rod while the two were robbing the bank, as the three of them had previously planned. Ramiro, a policeman, responded to the reported robbery. Rico saw Ramiro and, to eliminate the danger of Red and Rod being caught, pulled the trigger of his rifle, intending to kill Ramiro. He missed as Ramiro slipped and fell down to the ground. Instead, a woman depositor who was coming out of the bank was fatally shot. After their apprehension, Rico, Red, and Rod were charged with the special complex crime of robbery with homicide. Rico’s defense was that he never intended to shoot and kill the woman, only Ramiro. Red and Rod’s defense was that they were not responsible for the death of the woman as they had no participation therein.
(b) Is Red and Rod’s defense meritorious?
No, the defense of Red and Rod is also not meritorious. The concerted manner in which the three (Rico, Red, and Rod) perpetrated the crime showed clearly the presence of conspiracy. When a homicide takes place by reason or on the occasion of a robbery, all those who took part shall be guilty of the special complex crime of robbery with homicide, whether or not they actually participated in the killing.
Regardless of the fact that the killing of the woman depositor was individually performed by Rico, the basic principle in conspiracy is that the “act of one is the act of all”. Thus, the criminal liability of Rod and Red is one and the same as that of Rico (People vs. Hinlo, GR 212151, February 18, 2015).
Criminal Law 2018 IIIa
On February 5, 2017, Rho Rio Fraternity held initiation rites. Present were: (i) Redmont, the Lord Chancellor and head of the fraternity; (ii) ten (10) members, one (1) of whom was Ric, and (iii) five (5) neophytes, one (1) of whom was Ronald. Absent were: (i) Rollie, the fraternity’s Vice Chancellor and who actually planned the initiation; and (ii) Ronnie, the owner of the house where the initiation was conducted.
Due to the severe beating suffered by Ronald on that occasion, he lost consciousness and was brought to the nearest hospital by Redmont and Ric. However, Ronald was declared dead on arrival at the hospital.
During the investigation of the case, it was found out that, although Ronald really wanted to join the fraternity because his father is also a member of the same fraternity, it was his best friend Ric who ultimately convinced him to join the fraternity and, as a prerequisite thereto, undergo initiation. It was also shown that Redmont and Ric did not actually participate in the beating of the neophytes (hazing). The two (2) either merely watched the hazing or helped in preparing food. And, lastly, two (2) days prior thereto, Ronnie texted Rollie that the fraternity may use his house as the venue for the planned initiation.
Aside from those who actually participated in the hazing, Redmont, Rollie, Ric, and Ronnie were criminally charged for the hazing of Ronald that resulted in the latter’s death.
(a) Are the four criminally liable?
Yes.
Redmont’s presence during the hazing is prima facie evidence of participation therein as principal, unless he prevented the commission of the hazing that caused physical harm to Ronald.
Ric is also criminally liable, because as member of the Fraternity who knowingly cooperated in carrying out the initiation by inducing the victim to be present thereat is liable as principal. He is penalized, not because of any participation in the infliction of harm to the victim, but due to his indispensable cooperation in the crime by successfully inducing or convincing the victim to undergo the hazing.
Rollie as Vice Chancellor of Rho Rio Fraternity, who actually planned the initiation though not present when the acts of hazing were committed, is liable as principal.
Ronnie, the owner of the place where the hazing was conducted, is liable as a principal because he had knowledge of the hazing conducted therein and failed to take any action to prevent occurrence of the same (RA 11053, amending RA 8049; Dungo and Sibal, Jr. v. People, GR 209464, July 1, 2015).
-> Initially, in RA 8049, the owner of the place where the hazing is conducted is liable as an accomplice, if he had knowledge of the event.
