This case has been cited 3 times or more.
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2010-11-24 |
NACHURA, J. |
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| Conspiracy exists when two or more persons come to an agreement to commit an unlawful act.[8] It may be inferred from the conduct of the accused before, during, and after the commission of the crime.[9] Conspiracy may be deduced from the mode and manner in which the offense was perpetrated or inferred from the acts of the accused evincing a joint or common purpose and design, concerted action, and community of interest.[10] | |||||
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2000-11-20 |
PARDO, J. |
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| We agree with the trial court that treachery attended Glorito's killing. Henry Cuevas testified that accused Ernesto embraced Glorito and held the latter's hands behind his back, and in that helpless position, accused Cirilo lunged his "balisong" at Glorito. Clearly, Glorito was placed in a situation where he was defenseless and at the complete mercy of his attacker, accused Cirilo. The method employed in the execution of the crime insured no risk to the assailant arising from the defense which the victim might put up. Plainly, this is treachery.[15] | |||||
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2000-11-20 |
PARDO, J. |
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| The trial court did not err in finding that Gomersindo's killing was attended with treachery. Accused-appellant Eddison delivered three (3) hack blows on the head of an unarmed Gomersindo who was obviously defenseless at that time. The method employed in the execution of the crime insured no risk to the assailants arising from the defense which the victim might put up. Plainly, this is treachery.[14] | |||||