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A speculation or conjecture carries no weight in the determination of the existence of

probable cause.

Agdeppa v. Office of the Ombudsman, supra note 56, at 333 citing De Jesus v. Guerrero III,
614 Phil. 520, 529.

The basic rule is that mere allegation is not evidence and is not equivalent to proof. Charges based
on mere suspicion and speculation likewise cannot be given credence. When the complainant relies
on mere conjectures and suppositions, and fails to substantiate his allegations, the complaint must
be dismissed for lack of merit

People vs. Saavedra, supra; People vs. Viray, No. 72892, January 7, 1987; Moniza, Jr. vs.
People, No. 72719, September 18,1986; People vs. Palon, supra; People vs. Benavidez, No.
L-59985, January 20, 1984; People vs. Drilon, Jr., No. L-33431, June 28, 1983; People vs.
Sosing, No. L-42791, January 30,1982; People vs. Custodia, No. L-30463, October 30, 1972.

Nevertheless, mere knowledge, acquiescence, or approval of the act, without cooperation or


agreement to cooperate, is not enough to constitute one a party to a conspiracy, but that there must
be intentional participation in the transaction with a view to the furtherance of the common design
and purpose. 20 Conspiracy must be established, not by conjectures, but by positive and conclusive
evidence. 21 In fact, the same degree of proof necessary to establish the crime is required to support
a finding of the presence of a criminal conspiracy, which is, proof beyond reasonable doubt. 22

People vs.Generoso Sujetado y Esmellarin, G.R. No. 103967. April 7, 1993.

REMEDIAL LAW; CRIMINAL PROCEDURE; CONVICTION; CONCLUSIONS BASED ENTIRELY


ON CONJECTURE AND SPECULATION CAN NOT SERVE AS A BASIS THEREOF. — We have
time and again ruled that conclusions based entirely on conjecture and speculations cannot serve as
a basis for conviction and will warrant the reversal of the finding of guilt by the trial court.

People v. Anabe, 644 Phil. 261, 281 (2010)

It must be emphasized that "[c]ourts must judge the guilt or innocence of the accused based on facts
and not on mere conjectures, presumptions, or suspicions."45

Lagon vs. Hooven Comalco Industries, Inc. 349 SCRA 363

A court cannot rely on speculations, conjectures or guesswork, but must depend upon competent
proof and on the basis of the best evidence obtainable under the circumstances. Litigation cannot be
properly resolved by suppositions, deductions or even presumptions, with no basis in evidence, for
the truth must have to be determined by the hard rules of admissibility and proof.