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Art. 11 Manaban v. CA
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People v Borinaga
PP vs Sy Pio Case Digest
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DELEON, PRINCESS ANGELA L.
PEOPLE V AGUILOS G.R. No. 121828. June 27, 2003
FACTS:
On February 5, 1988 11:30 in the evening, Elisa Roldan was inside their store waiting fo husband to arrive. Joselito Capa and Julian Azul, Jr. were drinking beer. Although already drunk Edmar Aguilos and Odilon Lagliba joined them. Aguilos had a heated argument with Azul. Elis pacified Edmar Edmar and advised advised them to go home home as she was already already going going to close her store. store. Aguilo and Lagliba left then returned to block Capa and Azul. Aguilos took off his eyeglasses an punched Azul in the face. Elisa shouted "Tama na, tama na!" but she was ignored as the continue to rumble until they reach the end of the street. Lagliba positioned himself on top of pile of hollow blocks and watched the two swapped punches. As Capa tried to stop the figh Lagliba pulled out his knife with his right hand and stepped down from his perch. He placed h left arm around Capa's neck, and stabbed him. Ronnie and Rene Gayot Pilola, who were acros the street, saw their gang-mate Lagliba stabbing the victim and decided to join the fray. Ronni took a knife from the kitchen kitchen of Teresita and the two rushed to the scene and stabbed Capa. Capa was stabbed 11 times (6 fatal stab wounds), he fell in the canal. Lagliba and Pilola fle while Ronnie went after after Azul who ran dear life. When Azul noticed noticed that Ronnie was no longe running after him, he looked back and saw Ronnie pick up a piece of hollow block and bashe Capa's head. Then, Ronnie got a piece of broken bottle and struck Capa once more before fleein from the scene. Capa died on the spot. Elisa rushed to Capa's house and informed his wife brother of the the incident. incident.
Agripina Gloria, a female security guard, saw Ronnie repeatedly stabbed Capa and fle towards the direction of the mental hospital. She did not see Lagliba.
On the other hand, Elisa's cross-examination had an inconsistency, she stated that it wa Aguilos who struck the victim (before it was Ronnie)
RTC: Pilola GUILTY beyond reasonable doubt of Murder punished under Art. 248 of th up to vote on this title ordered to RPC qualified by treachery and sentenced to reclusion Sign perpetua. Pilola is hereby indemnify the heirs of Capa in the amount of 50,000 as civil indemnity ex useful delictom and mora Useful Not damages of 50,000 and exemplary damages of 25,000
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Art. 11 Manaban v. CA
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People v Borinaga
PP vs Sy Pio Case Digest
Search document
two or more persons aimed by their acts towards the accomplishment of the same unlawfu object, each doing a part so that their combined acts, though apparently independent o each other, were, in fact, connected and cooperative, indicating a closeness of persona association and a concurrence of sentiment. There may be conspiracy even if an offende does not know the identities of the other offenders, and even though he is not aware of al the details of the plan of operation or was not in on the scheme from the beginning. On need only to knowingly contribute his efforts in furtherance of it. One who joins a crimina conspiracy in effect adopts as his own the criminal designs of his co-conspirators. conspiracy is established, all the conspirators are liable as co-principals regardless of th manner and extent of their participation since in contemplation of law, the act of one woul be the act of all. Each of the conspirators is the agent of all the others. •
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Even if two or more offenders do not conspire to commit homicide or murder, they may b held criminally liable as principals by direct participation if they perform overt acts which mediately or immediately cause or accelerate the death of the victim. Art. 4. Criminal liability. Criminal liability shall be incurred: By any person committing a felony (delito) although the wrongful act done be different from that which he intended –
Art 18. Accomplices. - Accomplices are the persons who, not being included in Articl 17, cooperate in the execution of the offense by previous or simultaneous acts.
You're Reading a Preview To hold a person liable as an accomplice, two elements must concur: 1. the community of criminal design - knowing the criminal design of the principal by Unlock full access with a free trial. direct participation, he concurs with the latter in his purpose 2. the performance of previous or simultaneous acts that are not indispensable to the commission of the Download crime With Free Trial
Accomplices do not decide whether the crime should be committed; they merely assent to th plan of the principal by direct participation and cooperate on its accomplishment. Howeve where one cooperates in the commission of the crime by performing overt acts which b themselves are acts of execution, he is a principal by direct participation, and not merely an accomplice. Sign up to vote on this title
Useful Not useful There is treachery when the offender commits any of the crimes against persons, employin means, methods or forms in the execution thereof, which tend directly and specially to insur its execution, without risk to himself arising from the defense, which the offended party migh
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