Direct Proof of Agreement in Criminal Conspiracy?

Even assuming, for the nonce, that it was Marvin Baloes who inflicted the fatal stab, accused-appellant cannot escape culpability. Their obvious conspiracy is borne by the records. There is conspiracy when two or more persons come to an agreement concerning the commission of a crime and decide to commit it. Proof of the agreement need not rest on direct evidence. It may be inferred from the conduct of accused indicating a common understanding among them with respect to the commission of the offense.

It is not necessary to show that two or more persons met together and entered into an explicit agreement setting out the details of an unlawful scheme or the details by which an illegal objective is to be carried out. Proof that accused acted in concert, each of them doing his part to fulfill the common design to kill the victim will suffice to support a conviction. In conspiracy, it matters not who among the accused actually killed the victim. The act of one is the act of all; hence, it is not necessary that all the participants deliver the fatal blow. Tersely put, each of the accused will be deemed equally guilty of the crime committed.

The acts of accused-appellant Glino and Baloes before, during and after the killing of Domingo are indicative of a joint purpose, concerted action and concurrence of sentiment. In her testimony before the trial court, Virginia categorically narrated that while Baloes was stabbing Domingo, accused-appellant Glino was blocking her path, effectively preventing her from rendering aid to her husband. Accused-appellant later joined Baloes in stabbing Domingo with a Batangas knife. (G.R. No. 173793; December 4, 2007)