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Atty. Yebra - Criminal Law - Case Doctrines 07292022.pdf

Criminal Law case files by Atty. Yebra.

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CASE DOCTRINE
PEOPLE VS. OLAZO, ET. AL., G.R. No. 220761
OCTOBER 03, 2016 (CAGUIOA, J.)
THERE IS CONSPIRACY WHEN TWO OR MORE
PERSONS COME TO AN AGREEMENT
CONCERNING THE COMMISSION OF A FELONY
AND DECIDE TO COMMIT IT. IN PROVING
CONSPIRACY, DIRECT EVIDENCE IS NOT
INDISPENSABLE AS ITS EXISTENCE MAY BE
INFERRED FROM THE CONDUCT OF THE
ACCUSED BEFORE, DURING, AND AFTER THE
COMMISSION OF THE CRIME.
CASE DOCTRINE
PEOPLE VS. RAYTOS, ET. AL., G.R. No. 225623
JUNE 7, 2017 (CAGUIOA, J.)
A PLEA OF SELF-DEFENSE ADMITS THE COMMISSION OF THE ACT CHARGED AS
A CRIME; ACCORDINGLY, THE ONUS PROBANDI FALLS ON THE ACCUSED TO
PROVE THAT SUCH KILLING WAS JUSTIFIED - FAILURE TO DISCHARGE WHICH
RENDERS THE ACT PUNISHABLE.
THUS, TO EXONERATE HIMSELF, THE ACCUSED MUST ESTABLISH: (I) THAT THERE
WAS UNLAWFUL AGGRESSION BY THE VICTIM; (II) THAT THE MEANS EMPLOYED
TO PREVENT OR REPEL SUCH AGGRESSION WERE REASONABLE; AND (III) THAT
THERE WAS LACK OF SUFFICIENT PROVOCATION ON HIS PART. OF THE THREE,
UNLAWFUL AGGRESSION IS THE FOREMOST REQUIREMENT; ABSENT SUCH
ELEMENT, SELF-DEFENSE, WHETHER COMPLETE OR INCOMPLETE, CANNOT BE
APPRECIATED.
CASE DOCTRINE
PEOPLE VS. PENTECOSTES, G.R. No. 226158
NOVEMBER 08, 2017 (CAGUIOA, J.)
MOTIVE PERTAINS TO THE REASON WHICH PROMPTS THE
ACCUSED TO ENGAGE IN A PARTICULAR CRIMINAL
ACTIVITY. IT IS NOT AN ESSENTIAL ELEMENT OF A CRIME
AND NEED NOT BE PROVEN BY THE STATE IN CRIMINAL
PROSECUTIONS. HENCE, PROOF OF MOTIVE ALONE WILL
NOT ESTABLISH GUILT IN THE SAME WAY THAT THE
ABSENCE THEREOF CANNOT ESTABLISH INNOCENCE. IN
PREVIOUS OCCASIONS, THE COURT HAS HELD THAT THE
QUESTION OF MOTIVE ONLY BECOMES MATERIAL WHEN
THERE IS DOUBT AS TO THE IDENTITY OF THE
MALEFACTOR COMMITTING THE OFFENSE CHARGED.
CASE DOCTRINE
PEOPLE VS. DURAN, JR., G.R. No. 215748
NOVEMBER 20, 2017 (CAGUIOA, J.)
UNDER ARTICLE 14, PARAGRAPH 16 OF THE RPC, THERE IS TREACHERY
WHEN THE OFFENDER COMMITS ANY OF THE CRIMES AGAINST PERSONS,
EMPLOYING MEANS AND METHODS OR FORMS IN THE EXECUTION
THEREOF WHICH TEND TO DIRECTLY AND SPECIALLY ENSURE ITS
EXECUTION, WITHOUT RISK TO HIMSELF ARISING FROM THE DEFENSE
WHICH THE OFFENDED PARTY MIGHT MAKE. TO QUALIFY AN OFFENSE, THE
FOLLOWING CONDITIONS MUST EXIST: (1) THE ASSAILANT EMPLOYED
MEANS, METHODS OR FORMS IN THE EXECUTION OF THE CRIMINAL ACT
WHICH GIVE THE PERSON ATTACKED NO OPPORTUNITY TO DEFEND
HIMSELF OR TO RETALIATE; AND (2) SAID MEANS, METHODS OR FORMS OF
EXECUTION WERE DELIBERATELY OR CONSCIOUSLY ADOPTED BY THE
ASSAILANT.
CASE DOCTRINE
PEOPLE VS. AGRAMON, G.R. No. 212156
JUNE 20, 2018 (CAGUIOA, J.)
THERE IS TREACHERY WHEN THE OFFENDER COMMITS ANY OF THE CRIMES
AGAINST PERSONS, EMPLOYING MEANS AND METHODS OR FORMS IN THE
EXECUTION THEREOF WHICH TEND TO DIRECTLY AND SPECIALLY ENSURE
ITS EXECUTION, WITHOUT RISK TO HIMSELF ARISING FROM THE DEFENSE
WHICH THE OFFENDED PARTY MIGHT MAKE. TO QUALIFY AN OFFENSE, THE
FOLLOWING CONDITIONS MUST EXIST: (1) THE ASSAILANT EMPLOYED
MEANS, METHODS OR FORMS IN THE EXECUTION OF THE CRIMINAL ACT
WHICH GIVE THE PERSON ATTACKED NO OPPORTUNITY TO DEFEND
HIMSELF OR TO RETALIATE; AND (2) SAID MEANS, METHODS OR FORMS OF
EXECUTION WERE DELIBERATELY OR CONSCIOUSLY ADOPTED BY THE
ASSAILANT. ON THE OTHER HAND, FOR EVIDENT PREMEDITATION TO BE
APPRECIATED, IT IS INDISPENSABLE TO SHOW CONCRETE EVIDENCE ON
HOW AND WHEN THE PLAN TO KILL WAS HATCHED OR HOW MUCH TIME
HAD ELAPSED BEFORE IT WAS CARRIED OUT.
CASE DOCTRINE
PEOPLE VS. PILPA, G.R. No. 225336
SEPTEMBER 05, 2018 (CAGUIOA, J.)
IT WAS ERROR FOR BOTH THE RTC AND THE CA TO CONCLUDE THAT
THE KILLING WAS ATTENDED BY THE QUALIFYING CIRCUMSTANCE OF
TREACHERY SIMPLY BECAUSE THE ATTACK WAS "SUDDEN,"
"UNEXPECTED," AND "WITHOUT ANY WARNING OR PROVOCATION." IT
DOES NOT ALWAYS FOLLOW THAT BECAUSE THE ATTACK IS SUDDEN
AND UNEXPECTED, IT IS TAINTED WITH TREACHERY.

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Atty. Yebra - Criminal Law - Case Doctrines 07292022.pdf

  • 1. CASE DOCTRINE PEOPLE VS. OLAZO, ET. AL., G.R. No. 220761 OCTOBER 03, 2016 (CAGUIOA, J.) THERE IS CONSPIRACY WHEN TWO OR MORE PERSONS COME TO AN AGREEMENT CONCERNING THE COMMISSION OF A FELONY AND DECIDE TO COMMIT IT. IN PROVING CONSPIRACY, DIRECT EVIDENCE IS NOT INDISPENSABLE AS ITS EXISTENCE MAY BE INFERRED FROM THE CONDUCT OF THE ACCUSED BEFORE, DURING, AND AFTER THE COMMISSION OF THE CRIME.
  • 2. CASE DOCTRINE PEOPLE VS. RAYTOS, ET. AL., G.R. No. 225623 JUNE 7, 2017 (CAGUIOA, J.) A PLEA OF SELF-DEFENSE ADMITS THE COMMISSION OF THE ACT CHARGED AS A CRIME; ACCORDINGLY, THE ONUS PROBANDI FALLS ON THE ACCUSED TO PROVE THAT SUCH KILLING WAS JUSTIFIED - FAILURE TO DISCHARGE WHICH RENDERS THE ACT PUNISHABLE. THUS, TO EXONERATE HIMSELF, THE ACCUSED MUST ESTABLISH: (I) THAT THERE WAS UNLAWFUL AGGRESSION BY THE VICTIM; (II) THAT THE MEANS EMPLOYED TO PREVENT OR REPEL SUCH AGGRESSION WERE REASONABLE; AND (III) THAT THERE WAS LACK OF SUFFICIENT PROVOCATION ON HIS PART. OF THE THREE, UNLAWFUL AGGRESSION IS THE FOREMOST REQUIREMENT; ABSENT SUCH ELEMENT, SELF-DEFENSE, WHETHER COMPLETE OR INCOMPLETE, CANNOT BE APPRECIATED.
  • 3. CASE DOCTRINE PEOPLE VS. PENTECOSTES, G.R. No. 226158 NOVEMBER 08, 2017 (CAGUIOA, J.) MOTIVE PERTAINS TO THE REASON WHICH PROMPTS THE ACCUSED TO ENGAGE IN A PARTICULAR CRIMINAL ACTIVITY. IT IS NOT AN ESSENTIAL ELEMENT OF A CRIME AND NEED NOT BE PROVEN BY THE STATE IN CRIMINAL PROSECUTIONS. HENCE, PROOF OF MOTIVE ALONE WILL NOT ESTABLISH GUILT IN THE SAME WAY THAT THE ABSENCE THEREOF CANNOT ESTABLISH INNOCENCE. IN PREVIOUS OCCASIONS, THE COURT HAS HELD THAT THE QUESTION OF MOTIVE ONLY BECOMES MATERIAL WHEN THERE IS DOUBT AS TO THE IDENTITY OF THE MALEFACTOR COMMITTING THE OFFENSE CHARGED.
  • 4. CASE DOCTRINE PEOPLE VS. DURAN, JR., G.R. No. 215748 NOVEMBER 20, 2017 (CAGUIOA, J.) UNDER ARTICLE 14, PARAGRAPH 16 OF THE RPC, THERE IS TREACHERY WHEN THE OFFENDER COMMITS ANY OF THE CRIMES AGAINST PERSONS, EMPLOYING MEANS AND METHODS OR FORMS IN THE EXECUTION THEREOF WHICH TEND TO DIRECTLY AND SPECIALLY ENSURE ITS EXECUTION, WITHOUT RISK TO HIMSELF ARISING FROM THE DEFENSE WHICH THE OFFENDED PARTY MIGHT MAKE. TO QUALIFY AN OFFENSE, THE FOLLOWING CONDITIONS MUST EXIST: (1) THE ASSAILANT EMPLOYED MEANS, METHODS OR FORMS IN THE EXECUTION OF THE CRIMINAL ACT WHICH GIVE THE PERSON ATTACKED NO OPPORTUNITY TO DEFEND HIMSELF OR TO RETALIATE; AND (2) SAID MEANS, METHODS OR FORMS OF EXECUTION WERE DELIBERATELY OR CONSCIOUSLY ADOPTED BY THE ASSAILANT.
  • 5. CASE DOCTRINE PEOPLE VS. AGRAMON, G.R. No. 212156 JUNE 20, 2018 (CAGUIOA, J.) THERE IS TREACHERY WHEN THE OFFENDER COMMITS ANY OF THE CRIMES AGAINST PERSONS, EMPLOYING MEANS AND METHODS OR FORMS IN THE EXECUTION THEREOF WHICH TEND TO DIRECTLY AND SPECIALLY ENSURE ITS EXECUTION, WITHOUT RISK TO HIMSELF ARISING FROM THE DEFENSE WHICH THE OFFENDED PARTY MIGHT MAKE. TO QUALIFY AN OFFENSE, THE FOLLOWING CONDITIONS MUST EXIST: (1) THE ASSAILANT EMPLOYED MEANS, METHODS OR FORMS IN THE EXECUTION OF THE CRIMINAL ACT WHICH GIVE THE PERSON ATTACKED NO OPPORTUNITY TO DEFEND HIMSELF OR TO RETALIATE; AND (2) SAID MEANS, METHODS OR FORMS OF EXECUTION WERE DELIBERATELY OR CONSCIOUSLY ADOPTED BY THE ASSAILANT. ON THE OTHER HAND, FOR EVIDENT PREMEDITATION TO BE APPRECIATED, IT IS INDISPENSABLE TO SHOW CONCRETE EVIDENCE ON HOW AND WHEN THE PLAN TO KILL WAS HATCHED OR HOW MUCH TIME HAD ELAPSED BEFORE IT WAS CARRIED OUT.
  • 6. CASE DOCTRINE PEOPLE VS. PILPA, G.R. No. 225336 SEPTEMBER 05, 2018 (CAGUIOA, J.) IT WAS ERROR FOR BOTH THE RTC AND THE CA TO CONCLUDE THAT THE KILLING WAS ATTENDED BY THE QUALIFYING CIRCUMSTANCE OF TREACHERY SIMPLY BECAUSE THE ATTACK WAS "SUDDEN," "UNEXPECTED," AND "WITHOUT ANY WARNING OR PROVOCATION." IT DOES NOT ALWAYS FOLLOW THAT BECAUSE THE ATTACK IS SUDDEN AND UNEXPECTED, IT IS TAINTED WITH TREACHERY.
  • 7. CASE DOCTRINE PEOPLE VS. BAGABAY, G.R. No. 236297 OCTOBER 17, 2018 (CAGUIOA, J.) ALTHOUGH THE ATTACK WAS SUDDEN AND UNEXPECTED, THE PROSECUTION DID NOT PROVE THAT ARMANDO DELIBERATELY CHOSE A PARTICULAR MODE OF ATTACK THAT PURPORTEDLY ENSURED THE EXECUTION OF THE CRIMINAL PURPOSE WITHOUT ANY RISK TO HIMSELF ARISING FROM THE DEFENSE THAT THE VICTIM MIGHT OFFER. AS TESTIFIED TO BY THE WITNESSES, THE INCIDENT HAPPENED IN BROAD DAYLIGHT OUTSIDE A PUBLIC PLACE WHERE THERE WERE PLENTY OF OTHER PEOPLE PRESENT WHO COULD HAVE OFFERED THEIR HELP. WHEN AID WAS EASILY AVAILABLE TO THE VICTIM, SUCH AS WHEN THE ATTENDANT CIRCUMSTANCES SHOWED THAT THERE WERE SEVERAL EYEWITNESSES, NO TREACHERY COULD BE APPRECIATED BECAUSE IF THE ACCUSED INDEED CONSCIOUSLY ADOPTED MEANS TO INSURE THE FACILITATION OF THE CRIME, HE COULD HAVE CHOSEN ANOTHER PLACE OR TIME.
  • 8. CASE DOCTRINE PEOPLE VS. BULUTANO, G.R. No. 232649 NOVEMBER 28, 2018 (CAGUIOA, J.) MERE SUDDENNESS OF THE ATTACK IS NOT SUFFICIENT TO HOLD THAT TREACHERY IS PRESENT, WHERE THE MODE ADOPTED BY THE APPELLANTS DOES NOT POSITIVELY TEND TO PROVE THAT THEY THEREBY KNOWINGLY INTENDED TO INSURE THE ACCOMPLISHMENT OF THEIR CRIMINAL PURPOSE WITHOUT ANY RISK TO THEMSELVES ARISING FROM THE DEFENSE THAT THE VICTIM MIGHT OFFER. SPECIFICALLY, IT MUST CLEARLY APPEAR THAT THE METHOD OF ASSAULT ADOPTED BY THE AGGRESSOR WAS DELIBERATELY CHOSEN WITH A VIEW TO ACCOMPLISHING THE ACT WITHOUT RISK TO THE AGGRESSOR. IN THE SAME VEIN, JURISPRUDENCE PROVIDES THAT THERE CANNOT BE TREACHERY IF THE MEETING BETWEEN THE ACCUSED AND THE VICTIM WAS CASUAL AND THE ATTACK WAS IMPULSIVELY DONE.
  • 9. CASE DOCTRINE RECTO VS. PEOPLE, G.R. No. 236461 DECEMBER 05, 2018 (CAGUIOA, J.) JURISPRUDENCE PROVIDES THAT TREACHERY CANNOT BE APPRECIATED IF THE ACCUSED DID NOT MAKE ANY PREPARATION TO KILL THE DECEASED IN SUCH MANNER AS TO INSURE THE COMMISSION OF THE KILLING OR TO MAKE IT IMPOSSIBLE OR DIFFICULT FOR THE PERSON ATTACKED TO RETALIATE OR DEFEND HIMSELF. MERE SUDDENNESS OF THE ATTACK IS NOT SUFFICIENT TO HOLD THAT TREACHERY IS PRESENT, WHERE THE MODE ADOPTED BY THE AGGRESSOR DOES NOT POSITIVELY TEND TO PROVE THAT THEY THEREBY KNOWINGLY INTENDED TO INSURE THE ACCOMPLISHMENT OF THEIR CRIMINAL PURPOSE WITHOUT ANY RISK TO THEMSELVES ARISING FROM THE DEFENSE THAT THE VICTIM MIGHT OFFER. SPECIFICALLY, IT MUST CLEARLY APPEAR THAT THE METHOD OF ASSAULT ADOPTED BY THE AGGRESSOR WAS DELIBERATELY CHOSEN WITH A VIEW TO ACCOMPLISHING THE ACT WITHOUT RISK TO THE AGGRESSOR.
  • 10. CASE DOCTRINE PEOPLE VS. LUMAHANG, G.R. No. 218281 MARCH 27, 2019 (CAGUIOA, J.) “MERE SUDDENNESS OF THE ATTACK IS NOT SUFFICIENT TO HOLD THAT TREACHERY IS PRESENT, WHERE THE MODE ADOPTED BY THE AGGRESSOR DOES NOT POSITIVELY TEND TO PROVE THAT HE THEREBY KNOWINGLY INTENDED TO INSURE THE ACCOMPLISHMENT OF HIS CRIMINAL PURPOSE WITHOUT ANY RISK TO HIMSELF ARISING FROM THE DEFENSE THAT THE VICTIM MIGHT OFFER. SPECIFICALLY, IT MUST CLEARLY APPEAR THAT THE METHOD OF ASSAULT ADOPTED BY THE AGGRESSOR WAS DELIBERATELY CHOSEN WITH A VIEW TO ACCOMPLISHING THE ACT WITHOUT RISK TO THE AGGRESSOR.”
  • 11. CASE DOCTRINE PEOPLE VS. ASENIERO, G.R. No. 218209 APRIL 10, 2019 (CAGUIOA, J.) THE ESSENCE OF TREACHERY IS THE SUDDEN AND UNEXPECTED ATTACK BY AN AGGRESSOR ON THE UNSUSPECTING VICTIM, DEPRIVING THE LATTER OF ANY CHANCE TO DEFEND HIMSELF AND THEREBY ENSURING ITS COMMISSION WITHOUT RISK TO HIMSELF. THERE IS NO TREACHERY IF THE ATTACK WAS PRECEDED BY AN ALTERCATION BETWEEN THE ACCUSED AND THE VICTIM. EACH OF THEM IS FOREWARNED OF AN IMPENDING ATTACK BY EITHER OF THEM.
  • 12. CASE DOCTRINE PEOPLE VS. GAYON, G.R. No. 230221 APRIL 10, 2019 (CAGUIOA, J.) MERE SUDDENNESS OF THE ATTACK IS NOT SUFFICIENT TO HOLD THAT TREACHERY IS PRESENT. FOR TREACHERY TO EXIST THERE MUST BE A SHOWING THAT THE MEANS OF EXECUTION WAS DELIBERATELY OR CONSCIOUSLY ADOPTED BY THE ACCUSED WITH A VIEW OF ACCOMPLISHING THE ACT WITHOUT RISK TO THE AGGRESSOR.
  • 13. CASE DOCTRINE PEOPLE VS. GURO, G.R. No. 230619 APRIL 10, 2019 (CAGUIOA, J.) MERE SUDDENNESS OF THE ATTACK IS NOT SUFFICIENT TO HOLD THAT TREACHERY IS PRESENT, WHERE THE MODE ADOPTED BY THE APPELLANTS DOES NOT POSITIVELY TEND TO PROVE THAT THEY THEREBY KNOWINGLY INTENDED TO INSURE THE ACCOMPLISHMENT OF THEIR CRIMINAL PURPOSE WITHOUT ANY RISK TO THEMSELVES ARISING FROM THE DEFENSE THAT THE VICTIM MIGHT OFFER. SPECIFICALLY, IT MUST CLEARLY APPEAR THAT THE METHOD OF ASSAULT ADOPTED BY THE AGGRESSOR WAS DELIBERATELY CHOSEN WITH A VIEW TO ACCOMPLISHING THE ACT WITHOUT RISK TO THE AGGRESSOR.
  • 14. CASE DOCTRINE PEOPLE VS. CORPIN, G.R. No. 232493 JUNE 19, 2019 (CAGUIOA, J.) IN ORDER TO APPRECIATE TREACHERY, BOTH ELEMENTS MUST BE PRESENT. IT IS NOT ENOUGH THAT THE ATTACK WAS "SUDDEN", "UNEXPECTED," AND "WITHOUT ANY WARNING OR PROVOCATION." THERE MUST ALSO BE A SHOWING THAT THE OFFENDER CONSCIOUSLY AND DELIBERATELY ADOPTED THE PARTICULAR MEANS, METHODS AND FORMS IN THE EXECUTION OF THE CRIME WHICH TENDED DIRECTLY TO INSURE SUCH EXECUTION, WITHOUT RISK TO HIMSELF.
  • 15. CASE DOCTRINE PEOPLE VS. ENRIQUEZ, JR., G.R. No. 238171 JUNE 19, 2019 (CAGUIOA, J.) IN TREACHERY, THERE MUST BE CLEAR AND CONVINCING EVIDENCE ON HOW THE AGGRESSION WAS MADE, HOW IT BEGAN, AND HOW IT DEVELOPED. WHERE NO PARTICULARS ARE KNOWN AS TO THE MANNER IN WHICH THE AGGRESSION WAS MADE OR HOW THE ACT WHICH RESULTED IN THE DEATH OF THE VICTIM BEGAN AND DEVELOPED, IT CANNOT BE ESTABLISHED FROM SUPPOSITIONS DRAWN ONLY FROM CIRCUMSTANCES PRIOR TO THE VERY MOMENT OF THE AGGRESSION, THAT AN ACCUSED PERPETRATED THE KILLING WITH TREACHERY.
  • 16. CASE DOCTRINE PEOPLE VS. MENIL, G.R. No. 233205 JUNE 26, 2019 (CAGUIOA, J.) CHANCE ENCOUNTERS, IMPULSE KILLING OR CRIMES COMMITTED AT THE SPUR OF THE MOMENT OR THAT WERE PRECEDED BY HEATED ALTERCATIONS ARE GENERALLY NOT ATTENDED BY TREACHERY FOR LACK OF OPPORTUNITY OF THE ACCUSED TO DELIBERATELY EMPLOY A TREACHEROUS MODE OF ATTACK. FOR TREACHERY TO BE APPRECIATED, BOTH ELEMENTS MUST BE PRESENT. IT IS NOT ENOUGH THAT THE ATTACK WAS SUDDEN, UNEXPECTED, AND WITHOUT ANY WARNING OR PROVOCATION. THERE MUST ALSO BE A SHOWING THAT THE OFFENDER CONSCIOUSLY AND DELIBERATELY ADOPTED THE PARTICULAR MEANS, METHODS AND FORMS IN THE EXECUTION OF THE CRIME WHICH TENDED DIRECTLY TO INSURE SUCH EXECUTION, WITHOUT RISK TO HIMSELF.
  • 17. CASE DOCTRINE PEOPLE VS. CANATOY, JR., G.R. No. 227195 JULY 29, 2019 (CAGUIOA, J.) DIRECT EVIDENCE IS NOT INDISPENSABLE FOR CONVICTION IN CRIMINAL CASES AND THAT CIRCUMSTANTIAL EVIDENCE MAY BE ENOUGH TO SUPPORT A COURT'S DECISION OF GUILT. THE ESSENCE OF TREACHERY IS A SWIFT AND SUDDEN ATTACK ON AN UNARMED VICTIM WITHOUT THE SLIGHTEST PROVOCATION ON THE PART OF THE VICTIM. THERE IS TREACHERY WHEN THE OFFENDER COMMITS ANY OF THE CRIMES AGAINST THE PERSON, EMPLOYING MEANS, METHODS OR FORMS IN THE EXECUTION THEREOF WHICH TEND DIRECTLY AND SPECIALLY TO INSURE ITS EXECUTION, WITHOUT RISK TO HIMSELF ARISING FROM THE DEFENSE WHICH THE OFFENDED PARTY MIGHT MAKE. FOR THIS CIRCUMSTANCE TO BE APPRECIATED, TWO ELEMENTS MUST BE ALLEGED AND PROVED, NAMELY: (1) THAT THE MEANS OF EXECUTION EMPLOYED GAVE THE PERSON ATTACKED NO OPPORTUNITY TO DEFEND HIMSELF OR HERSELF, OR RETALIATE; AND (2) THAT THE MEANS OF EXECUTION WERE DELIBERATELY OR CONSCIOUSLY ADOPTED. THE MODE OF ATTACK MUST ALSO BE CONSCIOUSLY ADOPTED.
  • 18. CASE DOCTRINE CRUZ VS. PEOPLE, G.R. No. 233205 JUNE 26, 2019 (CAGUIOA, J.) “IT HAS BEEN CONSISTENTLY RULED THAT CONSPIRACY EXISTS WHEN TWO OR MORE PERSONS COME TO AN AGREEMENT CONCERNING THE COMMISSION OF A FELONY AND DECIDE TO COMMIT IT. TO BE HELD GUILTY AS A CO- CONSPIRATOR, THE PROSECUTION MUST BE ABLE TO SHOW, AT THE VERY LEAST, WITH THE SAME DEGREE OF PROOF REQUIRED TO ESTABLISH THE CRIME — PROOF BEYOND REASONABLE DOUBT, THAT ALL PARTICIPANTS PERFORMED SPECIFIC ACTS WITH SUCH CLOSENESS AND COORDINATION AS TO INDICATE A COMMON PURPOSE OR DESIGN TO COMMIT THE FELONY. THE PARTICIPATION IN THE TRANSACTION MUST BE INTENTIONAL. OTHERWISE, NONE OF THEM WILL BE LIABLE AS A CO-CONSPIRATOR, AND EACH MAY ONLY BE HELD RESPONSIBLE FOR THE RESULTS OF HIS OWN ACTION.”
  • 19. CASE DOCTRINE OLIVERS, JR., ET AL VS. PEOPLE, G.R. No. 242552 MARCH 3, 2021 (CAGUIOA, J.) IT IS WELL-SETTLED THAT IN ORDER TO CONVICT AN ACCUSED FOR THE CRIME OF FRUSTRATED MURDER OR HOMICIDE, AS THE CASE MAY BE, THE NATURE OF THE WOUNDS SUSTAINED BY THE VICTIM SHOULD BE FATAL. OTHERWISE, THE ACCUSED CAN ONLY BE CONVICTED OF ATTEMPTED MURDER OR HOMICIDE.