Professional Documents
Culture Documents
2015) Law
BOOK 1 (Articles 1-99, RPC)
FELONIES
(Stages of execution)
The Court cannot simply assume that there was attempted rape simply because accused
undressed himself and the offended party, plus the fact that accused did rape the latter on
three other occasions. Thus, for there to be an attempted rape, the accused must have
commenced the act of penetrating his sexual organ to the vagina of the victim but for some
cause or accident other than his own spontaneous desistance, the penetration, however
slight, is not completed. - People of the Philippines vs. Domingo Dominguez, Jr., alias
Sandy, G.R. No. 180914, November 24, 2010
The crime of robbery remained unconsummated because Elmer Lagdaan refused to give his
money to Joseph Barra and no personal property was shown to have been taken. It was for
this reason that Elmer Lagdaan was shot. Joseph Barra can only be found guilty of
attempted robbery with homicide. People of the Philippines vs. Joseph Barra, G.R. No.
198020, July 10, 2013
CONSPIRACY
Acts of conspiracy of each accused need not be directly proved as it can be inferred from
the acts of the accused prior to, during or subsequent to the incident. What is material is
that the actions of the accused pertain to a joint purpose, concert of action or community
of interest in conspiracy an act one is the act of all. - People of the Philippines vs.
Arnold Garchitorena y Camba A.K.A. Junior; Joey Pamplona A.K.A. Nato and
Jessie Garcia y Adorino, G. R. No. 175605, August 28, 2009
Conspiracy is always predominantly mental in composition because it consists primarily of a
meeting of minds and intent. It is present 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, and their acts though apparently independent
were in fact concerted and cooperative, indicating closeness of personal association,
concerted action and concurrence of sentiments. Clearly, it is attendant in circumstances
when there was concerted action between the accused-appellants before, during and after
the offense which ably demonstrated their unity of design and objective in successfully
committing the crime. - People of the Philippines vs. Joseph Serrano and Anthony
Serrano, G.R. No. 179038, May 6, 2010
Neither can the rapid turn of events be considered to negate a finding of conspiracy. Unlike
evident premeditation, there is no requirement for conspiracy to exist that there be a
sufficient period of time to elapse to afford full opportunity for meditation and reflection.
Instead, conspiracy arises on the very moment the plotters agree, expressly or impliedly, to
commit the subject felony. - People of the Philippines vs. Restituto Carandang,
Henry Milan and Jackman Chua, G.R. No. 175926, July 6, 2011
Conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it. While it is mandatory to prove it by
competent evidence, direct proof is not essential to show conspiracy it may be deduced
from the mode, method, and manner by 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. The mere circumstance that accused did not
personally perform all the acts necessary to consummate the crime is irrelevant when
conspiracy is proven, since in conspiracy, the act of one is the act of all. - People of the
Philippines vs. Allan Niegas y Fallore, G.R. No. 194582, November 27, 2013
JUSTIFYING CIRCUMSTANCES
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