This case has been cited 3 times or more.
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2005-10-25 |
AZCUNA, J. |
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| Conspiracy is present when one concurs with the criminal design of another, indicated by the performance of an overt act leading to the crime committed.[41] To establish conspiracy, direct proof of an agreement concerning the commission of a felony and the decision to commit it is not necessary.[42] It may be inferred from the acts of the accused before, during or after the commission of the crime which, when taken together, would be enough to reveal a community of criminal design,[43] as the proof of conspiracy is perhaps most frequently made by evidence of a chain of circumstances.[44] Once established, all the conspirators are criminally liable as co-principals regardless of the degree of participation of each of them, for in contemplation of the law the act of one is the act of all.[45] | |||||
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2004-04-28 |
PUNO, J. |
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| We cannot, however, sustain the lower court's decision to award actual and compensatory damages of P10,000.00. For actual damages to be awarded, the amount of loss must be proven with a reasonable degree of certainty, based upon competent proof and the best evidence obtainable to the injured party.[65] The prosecution never presented any receipt to substantiate Cristeta Garceniego's claim as to the amount she and her family spent for their father's funeral expenses. However, we are cognizant of the fact that expenses were indeed incurred by the victim's family. Thus, in lieu of actual damages, the Court orders appellants to pay the sum of P25,000.00 as temperate damages. Temperate damages may be awarded when the Court finds that some pecuniary loss has been suffered, but the actual amount cannot be established with certainty.[66] | |||||
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2004-04-14 |
SANDOVAL-GUTIERREZ, J. |
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| In People vs. Almoguerra and Aton,[14] we held:"Direct evidence of the commission of the crime charged is not the only matrix wherefrom a court may draw its conclusions and findings of guilt. The rules on evidence and case law sustain the conviction of appellants through circumstantial evidence. | |||||