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PEOPLE v. VS. M

This case has been cited 6 times or more.

	GR No. 152176 2003-10-01	PEOPLE v. ROGER DELA CRUZ Y DOE YNARES-SANTIAGO, J.
Moreover, appellant fled from the scene of the crime after the stabbing incident. The trial judge had issued a warrant for his arrest on February 17, 1999 but the authorities arrested him only on June 9, 2000. The flight of an accused is an indication of his guilt or of a guilty mind.[12] Indeed, the wicked man flees though no man pursueth, but the righteous are as bold as a lion.[13]
	GR No. 153781 2003-09-24	PEOPLE v. MATEO GREGORIO Y CARPIO YNARES-SANTIAGO, J.
Moreover, appellants fled from the scene of the crime after the shooting incident. Juancho Osorio was arrested on January 8, 1999 at Tambak, Taguig, Metro Manila while Mateo Gregorio was arrested on May 1, 1998 in Sucat, Parañaque City. It has been settled that flight of an accused is an indication of his guilt or of a guilty mind.[16] Indeed, the wicked man flees though no man pursueth, but the righteous are as bold as a lion.[17]
	GR No. 134604 2003-08-28	PEOPLE v. ERNESTO HUGO DAVIDE JR., C.J.
Neither can we appreciate the aggravating circumstance of abuse of superior strength. The records are bereft of any information with respect to the physical condition of both Ernesto and Remegio. For the aggravating circumstance of abuse of superior strength to be appreciated, the age, size, and strength of the parties must be considered. There must be a notorious inequality of forces between the victim and the aggressor, giving the latter a superiority of strength which is taken advantage of by him in the commission of the crime.[42] And even assuming arguendo that it existed, abuse of superior strength should not be appreciated separately, for it is absorbed in treachery.[43]
	GR No. 135050 2002-04-19	PEOPLE v. EFREN TEJERO QUISUMBING, J.
In this case, the accused's synchronous presence at the crime scene was not a mere coincidence[24] but was part of a design to kill Alfredo Balase. As the trial court observed, appellant Efren Tejero had to call the other appellants to help him kill Alfredo to preempt the latter's threat to liquidate their whole family. All the appellants waited for the opportune time for them to carry out their plan. It is noteworthy also that appellants are related to each other: Efren Tejero is the uncle of brothers Arnel and Cesar Tejero, while Lucio Porton is the brother-in-law of Efren.[25]
	GR No. 137046 2001-02-26	PEOPLE v. DANILO CAPITLE BELLOSILLO, J.
We do not agree. For treachery to be appreciated these conditions must concur: (a) the means, methods or form of execution employed giving the person attacked no opportunity to defend himself or to retaliate; and (b) that such means, methods or form of execution were deliberately and consciously adopted by the accused.[16] Yubegildo was walking ahead of the rest of the group when accused-appellant suddenly struck him from behind with the bayog which caused him to fall down. Yubegildo was attacked without any warning and without affording him any opportunity to defend himself. Apparently, there was treachery.
	GR No. 130177 2000-10-11	PEOPLE v. JOAQUIN BARRAMEDA BELLOSILLO, J.
It is clear from the records that Joaquin Barrameda and Adolfo Belga conspired to kill the victim. Their simultaneous movement and concerted attack on the victim clearly evinced the existence of conspiracy.[11] The agreement to commit a crime may be gleaned from the mode and manner of the commission of the offense or inferred from the acts of the accused which point to a joint purpose and design, concerted action and community of intent.[12]