This case has been cited 1 times or more.
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2000-09-14 |
BELLOSILLO, J. |
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| The charge against Dumrique should be treated differently. While Dumrique was lying on the ground, Nacnac was beside his feet attacking Matos with a knife. Dumrique saw this as an opportunity to neutralize Nacnac; so he kicked the latter's groin. The evidence clearly disclosed that the intention of Dumrique was merely to disable Nacnac, not to kill him, and his attack was confined only to that. Dumrique did not actively participate in killing Nacnac nor did he join in any other manner to further the objective of Calabroso.[23] Conspiracy, which exists when two (2) or more persons come to an agreement concerning the commission of the felony and decide to commit it,[24] was not established between Dumrique and Calabroso. The trial court, while ruling out conspiracy between the two (2) in the killing of Nacnac, erroneously held that Dumrique was equally responsible with Calabroso for the victim's death; hence, Dumrique must be acquitted. | |||||