Conspiracy to kill Jeremias Saladio was adequately established. There was unity of design and purpose as shown by the fact that appellant gave his gun to the other assailant when the latter ran out of bullets. After the execution of their criminal act they left the crime scene together. Consequently, although it was not appellant who actually shot the victim, he and his cohort are equally liable for the crime. When there is conspiracy the act of one is the act of all. As regards the crime of frustrated murder in Crim. Case No. 1926-V-92, we do not find accused-appellant guilty. The rule has always been that co-conspirators are liable only for acts done pursuant to the conspiracy. For acts done outside the contemplation of the conspirators only the actual perpetrators are liable. There is no proof that the assailants intended to kill or injure Edgardo Manansala. The evidence only shows conspiracy to kill Jeremias and no one else. Amparo Labrador and Julie Capillo, although in the line of fire, were deliberately left unharmed. Both did not see who actually fired at Manansala who took cover inside the jeepney. It was not even known that the assailants were aware of the presence of Manansala inside the vehicle because when the first shot was fired all the other passengers at the back of the jeepney appeared to have scampered away for safety. [G.R. Nos. 112716-17. December 16, 1996]
