People v Agacer

G.R. No. 177751

January 7, 2013
FACTS
The victim, Cesario Agacer, was clearing and preparing the soil
bedding section of his farm in preparation for the rice seedlings
intended for the coming planting season. Genesis Delanter, his
brother Andy, Rafael, and brother Roden were at the nearby rice
field harvesting the palay that Cesario had raised.
Suddenly, Florencio, Eddie, Elynor, Franklin, and Eric, all
surnamed Agacer, came out of the nearby banana plantation and
went in the direction of Cesario. The group of men then
surrounded Cesario and intimidated him. Cesario felt the
hostilities and tried to get away. But the accused started fire on
Cesarios harvest which prompted Cesario to return for his
burning crops. While Cesario was trying to put the fire out,
Florencio ordered to go near Cesario. Eddie did what was told and
pulled out a shotgun from the rice sack that he was holding and
shot Cesario on the left portion of his chest. As Cesario fell, they
fired then another shot inflicting mortal wounds on Cesario. The
gang of men then fled the scene. The Supreme Court affirmed the
guilt of the accused.
ISSUE
Whether or not the Agacers have created a conspiracy on
committing the crime.
RULING
The court held that the conspiracy was sufficiently
established when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it,
which in this case, acts of the assailants constitute proof of their

unanimity in design, intent and execution. In conspiracy, the act of

one is the act of all, and so there assertion that they must be liable
only to their individual acts was not given merit. Hence, the
affirmation of the Supreme court to the prior decisions of the lowers
courts.