He is further sentenced to indemnify the heirs of the deceased in the amount of P50,000.00 for the death of the victim and P14,928.00 as consequential damages and to pay the costs. 4-5, Rollo , pp. Undaunted, the accused found his way to this Court via the ordinary appeal at bar. The pivot of inquiry being factual and evidentiary, credibility of the witnesses assumes extreme importance. Records on hand indicate that the sole basis of appellant s conviction is his alleged conspiracy with Arnold Mendoza and some others.
Conspiracy certainly transcends companionship.
Settled is the rule that to establish conspiracy, evidence of actual cooperation rather than mere cognizance or approval of an illegal act is required. A careful examination and appreciation of the attendant facts and circumstances show that the witnesses were categorical in their narration that it was Arnold Mendoza who killed Rolando Bugarin. The Court thoroughly examined the transcript of stenographic notes and nothing can be deduced from the testimony of Renato Datingginoo that accused Arquillos Tabuso conspired with Mendoza and some others in killing Bugarin. They were standing as if they were waiting for someone, Sir. When I pass by their group, I heard Arquillos Tabuso saying nandiyan na si Dagul , sir.