This case has been cited 1 times or more.
|
2012-10-24 |
ABAD, J. |
||||
| Here, both the RTC and the CA found conspiracy in attendance. Magallanes and Francisco testified that accused Nazareno and Saliendra purposely waited for David and his companions out on the street as they came out of the wake. The witnesses testified that each of Nazareno and Saliendra took concerted steps aimed at killing or causing serious harm to David. Nazareno repeatedly struck David on the area of his neck with a stick; Saliendra hurled a fist-sized stone on his head. Even when David tried to flee, they still chased him and together with other barangay tanods, beat him to unconsciousness. Although Magallanes testified that Saliendra and Nazareno acted "quite differently" from each other before the attack,[25] their actions before and during the incident reveal a common purpose.[26] Saliendra appears to have delivered the fatal blow but Nazareno cannot escape liability because, in conspiracy, the act of one is the act of all.[27] | |||||