This case has been cited 6 times or more.
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2008-02-13 |
REYES, R.T., J. |
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| 1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos; but if the value of the thing stolen exceed the latter amount, the penalty shall be the maximum period of the one prescribed in this paragraph, and one year for each additional ten thousand pesos, but the total of the penalty which may be imposed shall not exceed twenty years.[29] (Underscoring supplied) The record bears out that private complainant originally claimed P65,000.00 as his share in the partnership. However, he admitted receiving the total amount of P15,500.00, on two separate occasions, from Wilson Pideli. Verily, only P49,500.00 is due private complainant. | |||||
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2004-04-14 |
YNARES-SATIAGO, J. |
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| Article 293 of the Revised Penal Code defines robbery to be one committed by any "person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything . . ." Robbery may thus be committed two ways: (a) with violence against, or intimidation of persons and (b) by the use of force upon things.[27] This is distinguished from the crime of theft where the taking is accomplished without the use of violence or intimidation against persons or force upon things.[28] | |||||
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2004-02-03 |
PER CURIAM |
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| From the evidence of the prosecution, there is no doubt that all the appellants conspired in the commission of the crimes charged. Their concerted actions point to their joint purpose and community of intent. Well settled is the rule that in conspiracy, direct proof of a previous agreement to commit a crime is not necessary. It may be deduced from the mode and manner by which the offense was perpetrated, or inferred from the acts of the accused themselves when such point to a joint design and community of interest.[144] Otherwise stated, it may be shown by the conduct of the accused before, during, and after the commission of the crime.[145] Appellants' actions showed that they have the same objective to kidnap and detain the Chiong sisters. Rowen and Josman grabbed Marijoy and Jacqueline from the vicinity of Ayala Center. Larrañaga, James Andrew and James Anthony who were riding a red car served as back-up of Rowen and Josman. Together in a convoy, they proceeded to Fuente Osmeña to hire a van, and thereafter, to the safehouse of the "Jozman Aznar Group" in Guadalupe, Cebu where they initially molested Marijoy and Jacqueline. They headed to the South Bus Terminal where they hired the white van driven by Alberto, with Ariel as the conductor. Except for James Andrew who drove the white car, all appellants boarded the white van where they held Marijoy and Jacqueline captive. In the van, James Anthony taped their mouths and Rowen handcuffed them together. They drank and had a pot session at Tan-awan. They encircled Jacqueline and ordered her to dance, pushing her and ripping her clothes in the process. Meanwhile, Larrañaga raped Marijoy, followed by Rowen, James Anthony, Alberto, and Ariel. On other hand, Josman and James Andrew raped Jacqueline. Upon Josman's order, Rowen and Ariel led Marijoy to the cliff and pushed her. After leaving Tan-awan, they taunted Jacqueline to run for her life. And when Rusia got off from the van near Ayala Center, the appellants jointly headed back to Cebu City. | |||||
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2002-03-11 |
QUISUMBING, J. |
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| The conviction of Joey Manlansing is thus anchored on the premise that there was conspiracy between the brothers. Conspiracy exists when two or more persons come to an agreement concerning the commission of a crime and decide to commit it.[35] Conspiracy does not require a previous plan or agreement to commit an assault. It is sufficient that at the time of the aggression all the accused manifested by their acts a common intent or desire to attack.[36] Jurisprudence tells us consistently that the conduct of the accused before, during, and after the commission of the crime may be considered to show an extant conspiracy.[37] The testimonial and physical evidence on record reveals that Joey's conduct during and after the attack of his brother on the spouses was conspiratorial. Most significant of these pieces of evidence is the finding of Dr. Concepcion, that from the depth and nature of the victims' wounds, the weapon used for hacking could not be the same as the one used for stabbing. The discovery of the two weapons, a bolo recovered in Tarlac where Mario hid and which he admitted was his, and a knife recovered underneath Magin's corpse, confirms the finding that the wounds were inflicted by two different weapons. If indeed, as Mario confessed, he did the killings single-handedly, he would then be using a bolo and a knife either simultaneously, alternatively, or successively in killing Magin. As Dr. Concepcion opined, simultaneously hacking and stabbing by using a long weapon and another short bladed weapon was impossible. That Mario would use both the bolo and the knife alternatively or successively is unlikely to be true and contrary to the nature of reality. The logical conclusion would then be that, considering the two weapons, there were at least two attackers, each using one deadly instrument. | |||||
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2000-11-29 |
PER CURIAM |
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| Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. To establish the existence of conspiracy, direct proof is not essential, as it may be shown by the conduct of the accused before, during, and after the commission of the crime.[43] It may be proven by facts and circumstances from which may logically be inferred the existence of a common design among the accused to commit the offense charged, or it may be deduced from the mode and manner by which the offense was perpetrated.[44] In this case, the concatenation of facts and circumstances establish beyond a shadow of a doubt that accused-appellants conspired to kill Richard, to wit: (1) upon reaching the Tanay apartment, which he shared with Acebron, Mercado went upstairs and called Acebron; (2) as they came downstairs, Mercado told appellant Acebron that he had a present for him and that they were going to kill someone, saying "Pare, may regalo ako sa iyo, may papatayin tayo"; (3) Mercado and Acebron slapped and boxed Richard; (4) when told by Mercado to get a bolo, Acebron did so; (5) Acebron helped in loading Richard into the car's luggage compartment; (6) Mercado and Acebron left the apartment together in Mercado's car with Richard in the car's luggage compartment; (7) after two hours, the two came back to the apartment without Richard; (8) when Eric and Florencio asked them where Richard was, they answered that Richard had been "silenced" or had been "laid to rest"; and (9) Acebron washed a bloodstained bolo. | |||||