This case has been cited 4 times or more.
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2014-10-01 |
CARPIO, ACTING C.J. |
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| Under Article 12 of the Revised Penal Code, a person is exempt from criminal liability if he acts under the impulse of an uncontrollable fear of an equal or greater injury.[49] For such defense to prosper the duress, force, fear or intimidation must be present, imminent and impending, and of such a nature as to induce a well-grounded apprehension of death or serious bodily harm if the act be done.[50] A person invoking uncontrollable fear must show that the compulsion was such that it reduced him to a mere instrument acting not only without will but against his will as well.[51] It is necessary that the compulsion be of such a character as to leave no opportunity to escape or self-defense in equal combat.[52] | |||||
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2004-09-27 |
TINGA, J. |
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| It must appear that the threat that caused the uncontrollable fear is of such gravity and imminence that the ordinary man would have succumbed to it.[25] It should be based on a real, imminent or reasonable fear for one's life or limb.[26] A mere threat of a future injury is not enough. It should not be speculative, fanciful, or remote.[27] A person invoking uncontrollable fear must show therefore that the compulsion was such that it reduced him to a mere instrument acting not only without will but against his will as well.[28] It must be of such character as to leave no opportunity to the accused for escape.[29] | |||||
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2002-04-19 |
QUISUMBING, J. |
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| After examining carefully the testimonies of witnesses for the prosecution as well as the defense, the trial court's finding of the existence of a conspiracy to kill the victim is well-taken. It must be noted that Article 8, paragraph 2 of the Revised Penal Code provides that "conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it." It is a well-settled rule that conspiracy need not be established by direct evidence of a prior agreement. It is sufficient that the accused acted in concert at the time of the commission of the offense, that they had the same purpose or common design, and that they were united in its execution.[23] | |||||