This case has been cited 4 times or more.
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2010-06-29 |
VELASCO JR., J. |
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| (2) The offender's deliberate or conscious choice of means, method or manner of execution.[22] | |||||
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2010-04-23 |
VELASCO JR., J. |
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| [123] G.R. No. 178198, December 10, 2008, 573 SCRA 557, 566, citing People v. Bocalan, G.R. No. 141527, September 4, 2003, 410 SCRA 373, 381. | |||||
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2010-04-12 |
PEREZ, J. |
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| In determining the existence of conspiracy, direct proof of a previous agreement to commit a crime is not necessary.[83] After all, conspiracy may be inferred from the mode and manner by which the offense is perpetrated or from the very acts of the accused themselves.[84] To support a finding of conspiracy, what is merely required is an unmistakable showing that the collective acts of the accused before, during and after the commission of a felony were all aimed at the same object, one performing one part and the other performing another for the attainment of the same objective; and that their acts, though apparently independent, were in fact concerted and cooperative, indicating closeness of personal association, concerted action and concurrence of sentiments.[85] | |||||
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2009-06-23 |
CHICO-NAZARIO, J. |
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| Consequently, due to the failure of the prosecution to prove the existence of the qualifying circumstances of minority, Julio can only be held liable for simple rape and meted the penalty of reclusion perpetua. For this reason also, the award of P50,000.00 only as civil indemnity for each count of simple rape is warranted. The award of P50,000.00 as moral anguish or moral suffering. However, the award of exemplary damages is in order, considering the presence of one ordinary aggravating circumstance of relationship. When a crime is committed with an aggravating circumstance, either qualifying or generic, an award of P30,000.00 as exemplary damages is justified under Article 2230 of the New Civil Code.[56] This kind of damage is intended to serve as a deterrent to serious wrongdoings, and as a vindication of undue sufferings and wanton invasion of the rights of the injured or a punishment for those guilty of outrageous conduct.[57] | |||||