2.When the other crime committed was thenatural consequence of the crime agreedupon.3.When the resulting crime is a compositecrime or a special complex crime or asingle indivisible complex crime.Under the xpns, the other conspirators are liablefor the crime committed although not agreedupon.In case of direct or express conspiracy, for one tobe conspirator, it is not necessary that he actuallyparticipate in the actual execution of the crime.The participation of the conspirator may be director indirect in the execution of the crime. Sincethere was a prior agreement, mere presence atscene of the crime, mere exercise of moralascendancy over the others will already bringabout criminal liability as a conspirator becausethere was a prior agreement, there was a preconceived plan.People vs. Carandang, Milan and ChuaAll of them were charged of 2 counts of murderand 1 count of frustrated murder. The onlyparticipation of Milan was to close the door. Itwas only Carandang who shot the 3 policeofficers. Chua instructed Milan to finish the 3rdpolice officer and Milan followed him.SC: Although the participation of Milan was onlyto close the door, Chua was only to order Milan toshoot the 3rd police officer, such act of Chuashowed that he exercised moral ascendancy overMilan. Therefore, since what is present here is aprior agreement to kill the police officers, mereexercise of moral ascendancy will already makeone a conspirator. It is not necessary that theyactually participate in the execution of the crime.Thus, all of them are held criminally liable.People v. Carandang, Milan & Chua, G.R. No.175926, 6 July 2011Facts:Three informations for 2 counts of murderand 1 count of frustrated murder were filed in theRTC of QC against Carandang, Milan & Chua, forthe killing of PO2 Alonzo, SPO2 Red, and for theinjuries inflicted against SPO1 Montecalvo.Milan’s sister informed the police of adrug dealwhich would take place in their house. The police,includingthevictimsAlonzo,RedandMontecalvo, surrounded the house. They met atthe back door nearMilan’s room. Seeing the doorof Milan’s room was open, the police tried toenter. When they announced their identities aspolicemen, Milan suddenly shut the door.Alonzo and Red pushed the door open, causing itto fall and propelling the two inside the room.Alonzo shouted“walanggagalaw”.Suddenly,gunshots rang, hitting Alonzo and Red who fellone after the other. Montecalvo was still aiming atthe assailants when Carandang shot and hit him,causing the former to fall. Another policemanheard Chua instruct Milan: “sugurin mo na”.Milanlunged at Montecalvo but the latter was able toshoot and hit Milan. Montecalvo was then pulledout of the house by another policeman.
