Conspiracy inferred from accused’s joint purpose, design, concerted action

We hold that the trial court correctly found the existence of conspiracy between the two accused in killing the deceased with the employment of treachery. Conspiracy can be inferred from and established by the acts of the accused themselves when said acts point to a joint purpose and design, concerted action and community of interests. In the instant case, it was clearly shown that while appellant purposely challenged the deceased to go out of his house, his co-accused secretly hid among the plants outside of the house to await Diosdado and when the latter finally appeared, the former suddenly and without warning pounded upon the victim and hacked him to death. Indeed Villanueva and Durana gave their victim no chance to defend himself nor even to repel the assault on him considering the unexpected attack on his person to ensure the accomplishment of their objective without risk to themselves. [G.R. No. 114266. December 4, 1996]

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