CASE 2019-0033: BDO LIFE ASSURANCE, INC. VS. ATTY. EMERSON U. PALAD (G.R. NO. 237845. OCTOBER 16, 2019, REYES A. JR., J.) (SUBJECT/S: PROBABLE CAUSE, CONSPIRACY) (BRIEF TITLE: BDO VS ATTY PALAD)

 

DISPOSITIVE:

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SUBJECTS/DOCTRINES/DIGEST:

 

ATTY PALAD WAS PRESENT DURING THE ENTRAPMENT. IS THIS EVIDENCE THAT ATTY PALAD WAS IN CONSPIRACY WITH THE CULPRITS?

 

NO BECAUSE TO HOLD HIM LIABLE AS CONSPIRATOR HE MUST PERFORM AN OVERT ACT IN FURTHERANCE OF THE CONSPIRACY. MERE KNOWLEDGE OF THE ACT IS NOT SUFFICIENT. THERE MUST BE COOPERATION AND AGREEMENT TO COOPERATE ON HIS PART.

 

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PROSECUTION SAYS PALAD MUST PROVE HIS INNOCENCE DURING TRIAL. IS THIS CONTENTION CORRECT?

 

NO BECAUSE IT IS CONTRARY TO THE PURPOSE OF A PRELIMINARY INVESTIGATION: TO SECURE THE INNOCENT FROM HASTY, MALICIOUS AND OPPRESSIVE PROSECUTION.

 

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SCD-2019-0033-BDO Life Assurance, Inc. Vs. Atty. Emerson U. Palad

 

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