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If a co-accused dies during investigation for conspiracy under RA 3019, what should the court do about the motion to terminate?

Grant the motion to terminate

Deny the motion to terminate

In conspiracy under RA 3019, liability is joint among the co-conspirators, so the death of one co-accused during investigation does not wipe out the case against the remaining ones. The proper step is to terminate the proceedings only as to the deceased party, while continuing the investigation or trial against the surviving accused. Denying the motion to terminate allows the court to proceed with the case against those who remain; the death of a co-accused does not prevent the others from being tried for their participation in the conspiracy.

Dismiss the case

Refer to the prosecutor

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