This case has been cited 2 times or more.
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2014-03-26 |
DEL CASTILLO, J. |
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| It is elementary that "when there is a conspiracy, the act of one is the act of all the conspirators, and a conspirator may be held as a principal even if he did not participate in the actual commission of every act constituting the offense. In conspiracy, all those who in one way or another helped and cooperated in the consummation of the crime are considered co-principals since the degree or character of the individual participation of each conspirator in the commission of the crime becomes immaterial."[34] In proving complicity, direct evidence is not necessary, as it can be clearly deduced from the acts of the conspirators;[35] it may be proved through a series of acts done in pursuance of a common unlawful purpose.[36] | |||||
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2003-06-10 |
VITUG, J. |
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| In the instant case, the prosecution did not offer the victim's certificate of live birth or any similar authentic document in evidence. The trial court, in convicting the appellant of the crime of rape and imposing upon him the death penalty even in the absence of the necessary documents, relied on the sworn statement of Marietta Corial, the mother of the victim, attesting to the fact that her daughter Maricar Corial was born on 26 May 1990.[24] Marietta Corial, however, did not testify in court. Such sworn statement was thus inadmissible in evidence under the hearsay rule,[25] and unless the affiant had been placed on the witness stand, the admission of the mere affidavit and the conviction of appellant on the basis thereof would violate the right of the accused to meet witness face to face.[26] | |||||