This case has been cited 2 times or more.
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2010-09-22 |
PEREZ, J. |
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| As to damages. Article 2206 of the Civil Code provides that when death occurs as a result of a crime, the heirs of the deceased are entitled to be indemnified for the death of the victim without need of any evidence or proof thereof.[82] Moral damages like civil indemnity, is also mandatory upon the finding of the fact of murder.[83] To conform with recent jurisprudence on heinous crimes where the proper imposable penalty is death, if not for Republic Act No. 9346, the award of civil indemnity and moral damages to the heirs of each of the deceased victims are both increased to P75,000.00 each.[84] | |||||
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2003-06-27 |
CALLEJO, SR., J. |
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| To hold an accused guilty as a co-principal by reason of conspiracy, he must be shown to have performed an overt act in pursuance or furtherance of the conspiracy.[26] The mere presence of an accused at the situs of the crime will not suffice; mere knowledge, acquiescence or approval of the act without cooperation or agreement to cooperate on the part of the accused is not enough to make him a party to a conspiracy. There must be intentional participation in the transaction with a view to the furtherance of the common design and purpose.[27] Conspiracy to exist does not require an agreement for an appreciable period prior to the occurrence. From the legal standpoint, conspiracy exists if, at the time of the commission of the offense, the accused had the same purpose and were united in its execution.[28] As a rule, the concurrence of wills, which is the essence of conspiracy, may be deduced from the evidence of facts and circumstances, which taken together, indicate that the parties cooperated and labored to the same end.[29] | |||||