Conspiracy, when established, act of one is act of all

Even if it be granted for the sake of argument that accused-appellant Rudy Balamban did not hack nor chop the neck of Sonny Solo, he would still be equally liable with accused-appellant Danilo Balamban because of conspiracy whcih the evidence for the prosecution established with moral certainty. Uninvited, both came to the porch of the house of Nelly de los Reyes. Both attacked Sonny, with Danilo striking the face of the latter with a twig, and Rudy punching Sonny on the jaw. When Sonny ran for safety toward the road after he was stabbed by Danilo in the sala of Nelly's house, both accused-appellants, with Danilo armed with a bolo, chased Sonny. When they overtook Sonny and the latter grappled for the bolo, Rudy punched Sonny, knocking him to the ground, unconscious. With the bolo, Danilo hacked Sonny on the neck. All these acts show beyond cavil a common plan, purpose or design to commit a crime; coupled with the fact that both accused-appellants stayed together from the commencement to the end of the incident and their simultaneous performance of separate acts, evinced a unity of mind to consummate the crime planned to be committed. The accused-appellants then cannot escape the full force of the rule that where conspiracy is established, the act of one is the act of all. [G.R. No. 119591. November 21, 1996]