Conspiracy to commit crime
A person merely served as a lookout in the commission of a crime, what is his liability?
He is a principal since one who participates in the material execution of the crime by standingguard or lending moral support to the actual perpetrator is criminally responsible to the sameextent as the latter.
What must an accused establish when he pleads self-defense?
In self-defense the burden of proof rests upon the accused. His duty is to establish by sufficient,satisfactory and convincing evidence the following requisites: (a) unlawful aggression on the partof the victim; (b) reasonable necessity of the means employed to prevent or repel it; and, (c) lackof sufficient provocation on the part of the person defending himself.
Is direct proof necessary to prove conspiracy?
Direct proof is not essential to establish conspiracy as this may be inferred from the acts of theaccused before, during and after the commission of the crime whuch indubitably, point to and areindicative of a joint purpose, concert of action and community of interest.
When is it proper to award exemplary damages in a crime of rape?
The relationship of stepfather or stepmother and stepson or stepdaughter is included by analogyas similar to that of ascendant and descendant, and where appreciated as an aggravatingcircumstance in rape, the award of exemplary damages, in addition to moral damages, is proper.
Does an unexpected and sudden attack constitute treachery?
An unexpected and sudden attack under circumstances which render the victim unable andunprepared to defend himself by reason of the suddenness and severity of the attack constitutesalevosia, and the fact that the act was frontal does not preclude the presence of treachery.
Is there treachery when the victim is attacked while defenseless and dying?
There is treachery where the victim, soaked in his own blood, defenseless, and calling for help,weakened and dying, was still attacked, thus employed means to insure or afford impunity.
What are the requisites of treachery?
For treachery to be present, two conditions must concur, namely, (a) the employment of means of execution that gives the personnattacked no opportunity to defend himself or retaliate, and (b) themeans of execution was deliberately or consciously adopted.
When is the aggravating circumstance of nighttime absorbed in treachery?
Nighttime or nocturnity is absorbed in treachery when it is an integral part of pecuIiar treacherousmeans and manner adopted to ensure the execution of the crimes or that it facilitated thetreacherous character of the attack.