This case has been cited 1 times or more.
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2003-04-30 |
PER CURIAM |
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| Although several independent acts were performed by the accused in firing separate shots from their individual firearms, it was not possible to determine who among them actually killed victim Rolando Tugadi. Moreover, there is no evidence that accused-appellants intended to fire at each and every one of the victims separately and distinctly from each other. On the contrary, the evidence clearly shows a single criminal impulse to kill Marlon Tugadi's group as a whole.[26] Thus, one of accused-appellants exclaimed in frustration after the ambush: "My gosh, we were not able to kill all of them."[27] Where a conspiracy animates several persons with a single purpose, their individual acts done in pursuance of that purpose are looked upon as a single act, the act of execution, giving rise to a single complex offense.[28] | |||||