This case has been cited 3 times or more.
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2009-04-07 |
BRION, J. |
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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.[96] It arises on the very instant the plotters agree, expressly or impliedly, to commit the felony and forthwith decide to pursue it.[97] It may be proved by direct or circumstantial evidence.[98] | |||||
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2004-05-28 |
AZCUNA, J. |
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| At the time the crime was committed, the appropriate penalty for murder under Article 248 of the Revised Penal Code prior to its amendment was reclusion temporal in its maximum period to death.[40] Considering that there is neither aggravating nor mitigating circumstance in this case, the penalty should be reclusion perpetua.[41] The penalty of reclusion perpetua is indivisible.[42] Thus, the Indeterminate Sentence Law does not apply. | |||||
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2004-03-31 |
CARPIO MORALES, J. |
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| While appellants and the victim were conversing as they walked, the victim placed his right[13] hand on the left shoulder of appellant Siblas and uttered "Pasensiya kan pare."[14] At that instant appellant Agsalog took a step forward, "tapped" the hand of the victim as he faced him, uttered "Di na kami met la [ka]babainen"[15] and simultaneously drew an already open "balisong" and stabbed the victim at his belly and then at his chest while appellant Siblas, with both hands, held the right wrist and right elbow of the victim. | |||||