People vs Agacer

June 11, 2018 | Author: morriss hadsam | Category: Conspiracy (Criminal), Virtue, Judiciaries, Misconduct, Public Sphere
Report this link


Description

People v Valdez 1988 actually killed the Lagasons.Thus, the decision and hence the appeal. Facts: Issue: Whether or not the accused act a co- Issue: whether or not the accused is liable as conspirator in the crime charged. co-conspirator of the crime. Held: We hold that the prosecution's evidence was more than adequate to sustain Held: Witnesses presented were positively the finding of the trial court of a conspiracy identified the accused-appellant in the between Danilo Valdez and Simplicio person of the Nacional. Clearly, the Orodio. Conspiracy being present, it does evidence proved beyond doubt that the not matter that the prosecution had failed to accused-appellant was a civilian member of show who as between the two actually the CPP-NPA at Daraga, and was part of the pulled the trigger of the shotgun that killed group of CPP-NPA that deliberately planned Eleno Maquiling. 17 Both Danilo Valdez the killing of the Lagasons. A conspiracy, and Simplicio Orodio are liable as co- once established, makes each of the conspirators since any act of a co- conspirators liable for the acts of the others. conspirator becomes the act of the other All conspirators are liable as co-principals regardless of the precise degree of regardless of the extent of their participation participation in the act. because in contemplation of law, the act of one is the act of all. Hence, the decision of People v Nacional the Supreme Court is affirmative in so far Gr No. 111294-95 1995 the criminal liability of the accused is concerned. Facts: The accused charged with murder in a two separate information and later been People v Agacer consolidated by the Regional Trial Court. G.R. No. 177751 One of the accused pleaded not guilty. The January 7, 2013 trial thereafter ensued. A decision finding the accused, except who pleaded not guilty, FACTS guilty of two counts of murder. The five The victim, Cesario Agacer, was clearing accused appealed to the court. It was only and preparing the soil bedding section of his Mirabete left who did not withdraw his farm in preparation for the rice seedlings appeal to the court and pursued the same. In intended for the coming planting season. his appeal, he insisted that he was watching Genesis Delanter, his brother Andy, Rafael, a volleyball game when the shooting crime and brother Roden were at the nearby rice happened and he denies being a member of field harvesting the palay that Cesario had the NPA. Reviewing the records, it was raised. found out that accused-appellant was part of the group that conspired the killing and the affirmation of the throwing his weapon. homicide. he gave a libelous crops. Once the aspersion is cast its sting clings and the one thus defamed may avail of himself all ISSUE the necessary means to shake it off. will conspiracy on committing the crime. Florencio.Suddenly. Cesario felt the hostilities libelous letter entitled. fired his revolver but didn’t hit must be liable only to their individual acts was Napoleon. be justified. People vs Chua Chiong Franklin. As latter’s defense. Florencio ordered to go near the Manila Chronicle. But the accused which showed Chu Hiong as Filipino whose started fire on Cesario’s harvest which citizenship was acquired by questionable prompted Cesario to return for his burning means. . a daily of extensive Cesario. out a shotgun from the rice sack that he was holding and shot Cesario on the left portion I: Whether Chua Hiong’s defense is of his chest. Delima proof of their unanimity in design. not not given merit. if adequate. The gang of men then fled the Held: scene. concerning the commission of a felony and Poiiceman Felipe Delima found him in the decide to commit it. intent and ordered his surrender but Napoleon answered execution. Eddie. and tried to get away. The Facts: group of men then surrounded Cesario and Gocheco published in a newspaper a intimidated him. they fired then justified? another shot inflicting mortal wounds on Cesario. The policeman act of all. The acts of the assailants constitute piece of bamboo in the shape of a lance. of the accused. he appealed. The Supreme Court affirmed the guilt Yes. the policeman shot him Supreme Court to the prior decisions of the dead. and Eric. which in this case. “Doubtful Citizenship”. Delima was tried and convicted for lowers courts. As Cesario fell. armed with a pointed proven. Hence. Self-defense is a man’s inborn right. The criminal tried to ran away. been house of Jorge Alegria. Elynor. 1954 came out of the nearby banana plantation and went in the direction of Cesario. In conspiracy. all surnamed Agacer. RULING CASE DIGEST ON PEOPLE v. He may hit Whether or not the Agacer’s have created a back with another libel which. While Cesario was trying to put the article in the “Speaking Seriously” column of fire out. DELIMA The court held that the conspiracy [46 Phil. Eddie did what was told and pulled circulation. the act of one is the with a stroke of his lance. 738 (1922) was sufficiently established when two or more persons come to an agreement Facts: Lorenzo Napoleon escaped from jail. and so appellants’ assertion that they dodged it. The action was justified by the circumstances.Issue: Whether or not Delima performed in fulfillment of her duty or lawful exercise of her office. Held: The SC ruled that Delima must be acquitted. The court held that the killing was done in performance of a duty. Napoleon was under the obligation to surrender and his disobedience with a weapon compelled Delima to kill him. .


Comments

Copyright © 2024 UPDOCS Inc.