Conspiracy; proof

There is conspiracy when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.[1] Although direct proof is not essential to establish conspiracy, it must be established by positive and conclusive evidence.[2] Proof, not mere conjectures or assumptions, should be preferred to indicate that the accused had taken part in it.[3] Mere allegation and speculation is not evidence, and is not equivalent to proof.[4]

[1] Article 8, Revised Penal Code.

[2] People v. Carpio Vda. De Quijano, G.R. No. 102045, March 17, 1993.

[3] Sabiniano v. Court of Appeals, 319 Phil. 92, 98 (1995).

[4] Navarro v. Clerk of Court Cerezo, 492 Phil. 19, 22 (2002).