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PEOPLE vs Lomer Mandao & John Doe

PEOPLE OF THE PHILIPPINES, appellee, vs. LOMER MANDAO and JOHN DOE, accused, / LOMER MANDAO, appellant

G.R. No. 135048 | 2002-12-03

D E C I S I O N

PANGANIBAN, J.:

Proof of conspiracy must pass the test of moral certainty. This is especially true in the present case, in which the evidence points merely to appellant's passive presence at and flight from the locus criminis. Absent proof beyond reasonable doubt of any overt act on his part showing concurrence or joint purpose with the fugitive principal by direct participation, we cannot affirm the lower court's judgment of conviction.

The Case

Lomer Mandao appeals the June 5, 1998 Decision[1] of the Regional Trial Court (RTC) of Ozamiz City (Branch 15) in Criminal Case No. 1727, finding him guilty of double murder as...