PAT. EDGARDO HERRERA y BALTORIBIO and PAT.

REDENTOR
MARIANO y ANTONIO, Petitioners,
vs.
HONORABLE SANDIGANBAYAN and PEOPLE OF THE
PHILIPPINES, Respondents.

G.R. Nos. 119660-61

Facts:

Petitioners Pat. Edgardo Herrera y Baltoribio and Pat. Redentor Mariano y

Antonio, together with the other accused, Pat. Roberto Barrera and Pat.
Rodolfo Alcalde, all members of the Parañaque Police Station, were
charged with two (2) counts of murder. Petitioners assert that there was
total absence of evidence to support the theory that conspiracy attended
the commission of the crime.

Issue: Whether or not acts of the accused constitutes conspiracy.

Held:
The petition is DENIED. Decision of Sandiganbayan is AFFIRMED WITH
MODIFICATION.

Conspiracy can be inferred from the acts of the accused which clearly
manifest a concurrence of wills, a common intent or design to commit a
crime. The familiar rule in conspiracy is that when two or more persons
agree or conspire to commit a crime, each is responsible, when the
conspiracy is proven, for all the acts of the others, done in furtherance of
the conspiracy.29 In this case, petitioner did not do anything to prevent the
killing of the victims, thus, indicative of the fact that they are in unison with
the criminal design of the other accused. The act of one is the act of all. In
fact, conspiracy need not be established by direct evidence but may be
inferred from the surrounding circumstances.