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MELY NIERVA v. PEOPLE

This case has been cited 3 times or more.

	GR No. 186538 2009-11-25	PEOPLE v. AUSENCIO COMILLO CHICO-NAZARIO, J.
Under Article 8 of the Revised Penal Code, there is conspiracy when two or more persons agree to commit a felony and decided to commit it. Conspiracy exists where the participants perform specific acts that indicate unity of purpose in accomplishing the same unlawful object.[45] The presence of conspiracy is implied where the separate acts committed, taken collectively, emanate from a concerted and associated action.[46]
	GR No. 180314 2009-04-16	NORMALLAH A. PACASUM v. PEOPLE CHICO-NAZARIO, J.
The circumstances enumerated by the Sandiganbayan, as against the denials of petitioner, convince us to apply the rule that in the absence of satisfactory explanation, one who is found in possession of, and who has used, a forged document, is the forger and, therefore, guilty of falsification.[61] The effect of a presumption upon the burden of proof is to create the need of presenting evidence to overcome the prima facie case created, which, if no contrary proof is offered, will thereby prevail.[62] A prima facie case of falsification having been established, petitioner should have presented clear and convincing evidence to overcome such burden. This, she failed to do.
	GR No. 178770 2008-06-13	PEOPLE Plaintiff-Appellee VELASCO JR., J.
Altogether, the incidents prior to the melee, the simultaneous active participation of the accused and use of their superior strength and number, and the flight of the Ortiz brothers undoubtedly establish a conspiracy to assault and harm Jonathan and Edison, leading to Edison's death. There is conspiracy when the separate acts committed, taken collectively, emanate from a concerted and associated action, albeit each circumstance, if considered separately, may not show confabulation.[6] In this case, to reiterate, the CA observed that (1) Fernando and his group blocked Jonathan and Edison as the two were on their way home; (2) they all participated in the attack on Jonathan and Edison; (3) when Jonathan had a chance to flee, Hector dragged him back; and (4) Hector and Jayson exchanged blows with Jonathan and Edison as Fernando viciously hit Edison with a steel chair causing the demise of Edison. All these constitute circumstances that lead to the conclusion that all the accused conspired to harm their prey. These, taken with the eyewitness testimonies and the physical evidence supported by the medico-legal's findings, establish without doubt the guilt of the accused-appellants.