This case has been cited 4 times or more.
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2009-08-28 |
QUISUMBING, J. |
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| Article 4(1) of the Revised Penal Code states that criminal liability shall be incurred "by any person committing a felony (delito) although the wrongful act done be different from that which he intended." The essential requisites for the application of this provision are: (a) the intended act is felonious; (b) the resulting act is likewise a felony; and (c) the unintended albeit graver wrong was primarily caused by the actor's wrongful acts.[31] | |||||
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2007-08-08 |
YNARES-SANTIAGO, J. |
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| However, we find no basis for the lower courts' finding that the aggravating circumstance of abuse of superior strength attended the commission of the crime. Abuse of superior strength requires deliberate intent on the part of the accused to take advantage of such superiority. It must be shown that the accused purposely used excessive force that was manifestly out of proportion to the means available to the victim's defense. In this light, it is necessary to evaluate not only the physical condition and weapon of the protagonists but also the various incidents of the event.[13] In the instant case, the prosecution failed to establish the physical condition of the protagonists, much less that appellants deliberately took advantage of their superior strength. | |||||
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2007-06-08 |
TINGA, J. |
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| The culpability of appellants and their co-accused is undeniable. Lauro was consistently identified by the witnesses as the person responsible for shooting both victims. At the same time, the existence of conspiracy among the assailants is patent. Conspiracy has been deduced by the Court in a case where three malefactors jointly lifted, carried and dumped their victim in a deep well filled with water head first and threw rocks inside the well to cover him;[48] by the successive acts of three appellants in shooting, clubbing and piercing the eye of the victim;[49] where one appellant put his arms around the body of the victim while his co-appellant held the thighs of the victim and while they held him down, one poked and fired the gun at the back of the head of the victim;[50] when two accused chased their victim into his house, kicked open the door to enter and then shot him;[51] and when one malefactor hacked the victim and two others chased after the latter to finish up the aggression they had started.[52] | |||||