Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
January-December 2013
Atty. Ramon S. Esguerra
Book I
ATTEMPTED FELONY
CONSPIRACY
The Supreme Court did not uphold Seraspes claim that she
did not conspire with Espiritu in committing the crime. Both the
prosecutions evidence and Seraspes testimony sufficiently prove
that conspiracy existed. As in here, an accepted badge of
conspiracy is when the accused by their acts aimed at the same
object, one performing one part and another performing another so
as to complete it with a view to the attainment of the same object.
Also, their acts, though apparently independent, were in fact
concerted and cooperative, indicating closeness of personal
association, concerted action, and concurrence of sentiments.
Conspirator
Knows
the
criminal
intention because he
himself
has
decided
upon such course of
action
Decides that a crime
Accomplice
Comes to know about the course of
action after the principals have
reached the decision, and only does
he agree to cooperate in its execution
Merely
assents
to
the
plan
and
should be committed
Author of a crime
3019.
Unlawful aggression is a condition sine qua non for selfdefense to be appreciated. Without unlawful aggression, the
accused has nothing to prevent or repel, and there is then no basis
for appreciating the two other requisites.
When the accused admits killing a person but pleads selfdefense, the burden of evidence shifts to him to prove by clear and
convincing evidence the elements of his defense. However,
accused Labiagas version of the incident was uncorroborated. His
bare and self-serving assertions cannot prevail over the positive
identification of the two principal witnesses of the prosecution.
For the accused to be entitled to exoneration based on selfdefense or defense of relatives, complete or incomplete, it is
essential that there be unlawful aggression on the part of the
victim, for if there is no unlawful aggression, there would be
nothing to prevent or repel. For unlawful aggression to be
appreciated, there must be an actual, sudden and unexpected
attack or imminent danger thereof, not merely a threatening or
intimidating attitude.
Unlawful aggression is the indispensable element of selfdefense, for if no unlawful aggression attributed to the victim is
established, self-defense is unavailing as there is nothing to repel.
The unlawful aggression of the victim must put the life and
personal safety of the person defending himself in actual peril. A
mere threatening or intimidating attitude does not constitute
unlawful aggression.
Law
enforcement
officials
merely
facilitate
the
apprehension of the criminal
by employing ruses and
schemes. Thus, the accused
cannot justify his or her
conduct.
Cannot bar prosecution and
conviction
accused.
Entrapment
Employment of such ways and
means for the purpose of
trapping
or
capturing
a
lawbreaker
The criminal intent or design
to commit the offense charged
originates in the mind of the
1.
and
2.
demented.
2.
3.
AGGRAVATING
STRENGTH
case.
CIRCUMSTANCE;
ABUSE
OF
SUPERIOR
The victim was not in the position to defend himself at the time of
the attack; and
The means of execution were deliberately or consciously adopted.
Here, the prosecution established that the victims were
unarmed aboard a motorcycle when another motorcycle suddenly
appeared and shot them several times. This clearly showed that
the victims were totally defenseless when they were fired upon by
Bernardo.
Also, the victim was 57 years old at the time of his death.
His age then may have slowed down his thought processes and
reflexes in understanding appellants intentions. The attack was,
therefore, clearly sudden and unexpected.
10
accused Edwin and Alfredo attacked the victim. The latter did not
have the slightest idea that he was going to be attacked because
he was urinating and his back was turned from his assailants. The
prosecution was able to establish that petitioners attack on the
victim was without any slightest provocation on the latters part
and that it was sudden and unexpected. This is a clear case of
treachery.
11
PENALTIES
COMPLEX CRIMES
12
shabu.
13
1.
2.
3.
4.
5.
6.
14
1.
2.
demented.
15
16