This case has been cited 4 times or more.
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2000-07-19 |
DE LEON, JR., J. |
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| It appears that appellant Arnold Calumpang was divested of his wristwatch, necklace and wallet by three (3) unidentified persons while he was on his way to visit his aunt in Bagong Nayon, Valenzuela, Metro Manila. Subsequently, Noel Rioflorido, Jr. was apprehended by appellant Rolando Cardel and other concerned citizens in Bagong Nayon as suspect in the snatching of Calumpang's personal belongings. The prosecution failed to establish that appellants Cardel and Calumpang came to an agreement to kill Rioflorido, Jr., nor any such agreement may be deduced from the manner in which the offense was committed; or from the acts of the appellants before, during, and after the commission of the crime, indubitably pointing to and indicating a joint purpose, concert of action and a community of interest.[25] | |||||
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2000-05-04 |
PARDO, J. |
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| The trial court gave credence to the testimony of Rowena Dacut. We find no reason to overturn such assessment of credibility.[16] | |||||
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2000-02-28 |
YNARES-SANTIAGO, J. |
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| From the above-quoted testimonies of Luyong and Gibone on how the crimes were committed, there is no doubt that conspiracy attended the commission of the crime. "[C]onspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. The agreement may be deduced from the manner in which the offense was committed;[79] or from the acts of the accused before, during and after the commission of the crime indubitably pointing to and indicating a joint purpose, a concert of action and a community of interest."[80] It is not essential that there be proof of the previous agreement to commit the crime. It is sufficient that the form and manner in which the attack was accomplished clearly indicate unity of action and purpose.[81] | |||||
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2000-01-19 |
PARDO, J. |
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| "Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. The agreement may be deduced from the manner in which the crime was committed;[9] or from the acts of the accused before, during and after the commission of the crime, indubitably pointing to and indicating a joint purpose, a concert of action and a community of interest."[10] "Conspiracy may even be shown through circumstantial evidence, or deduced from the mode and manner in which the offense was perpetrated, or inferred from the acts of the accused themselves when such acts point to a joint purpose and design, concerted action, and community of interest."[11] | |||||