This case has been cited 2 times or more.
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2008-10-24 |
CARPIO, J. |
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| On 29 December 1982, the trial court issued a writ of possession, control, and disposition in favor of the NHA and, on 10 March 1983, the NHA took possession of the property. On 30 March 1984, the trial court upheld the NHA's right to expropriate the property. According to the NHA, the trial court set the amount of just compensation at P66,400.[4] TCT No. 95355 was canceled and a new one in the name of the NHA was issued. | |||||
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2002-03-11 |
QUISUMBING, J. |
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| The conviction of Joey Manlansing is thus anchored on the premise that there was conspiracy between the brothers. Conspiracy exists when two or more persons come to an agreement concerning the commission of a crime and decide to commit it.[35] Conspiracy does not require a previous plan or agreement to commit an assault. It is sufficient that at the time of the aggression all the accused manifested by their acts a common intent or desire to attack.[36] Jurisprudence tells us consistently that the conduct of the accused before, during, and after the commission of the crime may be considered to show an extant conspiracy.[37] The testimonial and physical evidence on record reveals that Joey's conduct during and after the attack of his brother on the spouses was conspiratorial. Most significant of these pieces of evidence is the finding of Dr. Concepcion, that from the depth and nature of the victims' wounds, the weapon used for hacking could not be the same as the one used for stabbing. The discovery of the two weapons, a bolo recovered in Tarlac where Mario hid and which he admitted was his, and a knife recovered underneath Magin's corpse, confirms the finding that the wounds were inflicted by two different weapons. If indeed, as Mario confessed, he did the killings single-handedly, he would then be using a bolo and a knife either simultaneously, alternatively, or successively in killing Magin. As Dr. Concepcion opined, simultaneously hacking and stabbing by using a long weapon and another short bladed weapon was impossible. That Mario would use both the bolo and the knife alternatively or successively is unlikely to be true and contrary to the nature of reality. The logical conclusion would then be that, considering the two weapons, there were at least two attackers, each using one deadly instrument. | |||||