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Xxx Verily, the information must state that the accused have confederated to
commit the crime or that there has been a community of design, a unity of
purpose or an agreement to commit the felony among the accused. Such an
allegation, in the absence of the usual usage of the words "conspired" or
"confederated" or the phrase "acting in conspiracy," must aptly appear in the
information in the form of definitive acts constituting conspiracy. In fine, the
agreement to commit the crime, the unity of purpose or the community of design
among the accused must be conveyed such as either by the use of the term
"conspire" or its derivatives and Synonyms or by allegations of basic facts
constituting the conspiracy. Conspiracy must be alleged, not just inferred, in the
information on which basis an accused can aptly enter his plea, a matter that is
not to be confused with or likened to the adequacy of evidence that may be
required to prove it. In establishing conspiracy when properly alleged, the
evidence to support it need not necessarily be shown by direct proof but may be
inferred from shown acts and conduct of the accused. (Emphasis supplied)
93 m
CERTIFIED TRUE COPY
ESTELA TERESITA C. ROSege4 of 5
even a statement in the Informations that the spouses Carlo and Rosita Mejia were
conspiring in the encashment of the checks to defraud the PNB at Cagayan de Oro.
At best, the Informations describe the origins of the checks that were drawn against
closed accounts; this, however, is not the charge. The mere statement in the
Information that two of these checks were drawn by accused Carlo Mejia is not enough
to constitute conspiracy with his wife without any statement whatever to show that he
joined his wife in her alleged conspiracy with the bank officials and employees for the
encashment of the checks prior to clearing.
It is the view of this Court that the Informations as worded do not describe any
act by Carlo Mejia for which the Government and/or the PNB at Cagayan de Oro
were prejudiced. The operative acts of the offenses described in the Informations
– the encashment of the checks without clearing - appear to have been
performed by Rosita Mejia in cooperation with the bank employees and officials.
Apart from the lack of any allegation of conspiracy in the Information,
We also note that there was no proof that accused Saripada committed any
act that would lead to the conclusion that he conspired with his co-accused
in this case to encash the checks. Conspiracy must be alleged and proven.
A conspiracy is proved by evidence of actual cooperation; of acts indicative
of an agreement, a common purpose or design, a concerted action or
concurrence of
mmit the felony and actually pursue it. Accused Saripada's sole act in this case
was issuing a check to Rosita Mejia. This sole act, by itself, does not prove,
beyond reasonable doubt, that he conspired with Rosita Mejia to encash the
check he issued.
WHEREFORE, premises considered, the Court finds accused
Rebuan Saripada, NOT GUILTY of the crime charged in Criminal Case No.
25414, for insufficiency of evidence. No civil liability is adjudged against
him as the act or omission on which it can be based does not exist. His bail
bond for Criminal Case No. 25414 is deemed CANCELLED and the
hold-departure order issued against him, insofar as Criminal Case No.
25414 is concerned, is ordered LIFTED and SET ASIDE.
SO ORDERED.
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3 Felicisimo Lazarte, Jr. vs. Sandiganbayan (G.R. No. 180122, March 13, 2009)
Page 5 of 5
Decision People vs. Archinas, et al. Criminal Case No. 25414 X------
ATTESTATION
I attest that the conclusions in the above decision were reached
in consultation before the case was assigned to the writer of the
opinion of the Court's Division.
EFREN N DELA CRUZ Chairperson, First Division
CERTIFICATION
Pursuant to Article VIII, Section 13 of the Constitution, and the
Division Chairman's Attestation, it is certified that the conclusions in the
above decision were reached in consultation before the case was assigned
to the writer of the opinion of the Court's Division.
Surrey
FRANCISCO H. VILLÁRUZ, JR.
Présiding Justice