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People V. Arquillos Tabuso: October 26, 1999

Arquillos Tabuso was found guilty of murder and sentenced to deprivation of liberty. Under Article 29 of the Revised Penal Code, any time spent in preventive imprisonment must be credited toward the service of his sentence. The court held that conspiracy requires proving beyond reasonable doubt that two or more persons came to an agreement to commit a felony and decided to carry out the plan. Mere presence at a crime scene or companionship does not prove conspiracy, which requires evidence of actual cooperation rather than just knowledge of an illegal act.

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42 views1 page

People V. Arquillos Tabuso: October 26, 1999

Arquillos Tabuso was found guilty of murder and sentenced to deprivation of liberty. Under Article 29 of the Revised Penal Code, any time spent in preventive imprisonment must be credited toward the service of his sentence. The court held that conspiracy requires proving beyond reasonable doubt that two or more persons came to an agreement to commit a felony and decided to carry out the plan. Mere presence at a crime scene or companionship does not prove conspiracy, which requires evidence of actual cooperation rather than just knowledge of an illegal act.

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PEOPLE V.

ARQUILLOS TABUSO
October 26, 1999

Arquillos Tabuso was found guilty of murder. In the service of his sentence, he is entitled to the
provision of Article 29 [Period of Preventive imprisonment deducted from term of imprisonment.
– Offenders or accused who have undergone preventive imprisonment shall be credited in the
service of their sentence consisting of deprivation of liberty, with the full time during which they
have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to
abide by the same disciplinary rules imposed upon convicted prisoners xxx.] of the Revised Penal
Code, as amended.

HELD:
Conspiracy exists when two or more persons come to an agreement on the commission of a
felony and decide to commit it. In a number of cases, this Court ruled that similar to the physical
act constituting the crime itself, the elements of conspiracy must be proven beyond reasonable
doubt. The mere presence of a person at the scene of the crime does not make him a co-
conspirator. Assumed intimacy between two persons of itself does not give that much significance
to the existence of criminal conspiracy. Conspiracy certainly transcends companionship. Settled
is the rule that to establish conspiracy, evidence of actual cooperation rather than mere
cognizance or approval of an illegal act is required.

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