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Lou CRIM Digest

Topic: Conspiracy Posiquit vs people (GR no. 193943, January 16, 2012) FActs: the combined forces of Albay Police Provincial Office and the (PDEA) conducted a search on the house of Saunar. Members of the search team caught up with the petitioner (posiquit)and, thereupon, recovered his wallet which containedshabu. petitioner denied the allegation. rtc founfd saunar and posiquit beyond reasonble doubt. CA affirmed the RTC's decision. the petitioner instituted the instant petition for review on certiorari asserting the following arguments: (1) the CA erred in convicting the petitioner for violation of Section 11, Article II of R.A. 9165 in conspiracy with Saunar; (2) XXXand (3) XXX,. ISsue: WON there is conspiracy in Possession of dangerous drug under Section 11, Article II of RA 9165. Rulings: the crime of conspiracy to commit possession of dangerous drugs does not exist. Simply put, the circumstance of conspiracy is not appreciated in the crime of possession of dangerous drugs under Section 11, Article II of R.A. 9165. The fact that the Information for violation of Section 11, Article II of R.A. 9165 that was filed against the petitioner and Saunar alleged that they “conspired and helped each other” is immaterial. In any case, the said Information sufficiently alleged that the petitioner and Saunar were caught in possession of dangerous drugs, contrary to Section 11, Article II of R.A. 9165. Topic: Treachery People vs Nabong ( GR no. 172324, April 3, 2007) facTS: iSSUE: Rulings

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105 views2 pages

Lou CRIM Digest

Topic: Conspiracy Posiquit vs people (GR no. 193943, January 16, 2012) FActs: the combined forces of Albay Police Provincial Office and the (PDEA) conducted a search on the house of Saunar. Members of the search team caught up with the petitioner (posiquit)and, thereupon, recovered his wallet which containedshabu. petitioner denied the allegation. rtc founfd saunar and posiquit beyond reasonble doubt. CA affirmed the RTC's decision. the petitioner instituted the instant petition for review on certiorari asserting the following arguments: (1) the CA erred in convicting the petitioner for violation of Section 11, Article II of R.A. 9165 in conspiracy with Saunar; (2) XXXand (3) XXX,. ISsue: WON there is conspiracy in Possession of dangerous drug under Section 11, Article II of RA 9165. Rulings: the crime of conspiracy to commit possession of dangerous drugs does not exist. Simply put, the circumstance of conspiracy is not appreciated in the crime of possession of dangerous drugs under Section 11, Article II of R.A. 9165. The fact that the Information for violation of Section 11, Article II of R.A. 9165 that was filed against the petitioner and Saunar alleged that they “conspired and helped each other” is immaterial. In any case, the said Information sufficiently alleged that the petitioner and Saunar were caught in possession of dangerous drugs, contrary to Section 11, Article II of R.A. 9165. Topic: Treachery People vs Nabong ( GR no. 172324, April 3, 2007) facTS: iSSUE: Rulings

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Topic: Conspiracy

Posiquit vs people (GR no. 193943, January 16, 2012)

FActs:
the combined forces of Albay Police Provincial Office and the
(PDEA) conducted a search on the house of Saunar. Members of the search
team caught up with the petitioner (posiquit)and, thereupon, recovered his
wallet which containedshabu. petitioner denied the allegation. rtc founfd
saunar and posiquit beyond reasonble doubt. CA affirmed the RTC's decision.
the petitioner instituted the instant petition for review on
certiorari asserting the following arguments: (1) the CA erred in convicting
the petitioner for violation of Section 11, Article II of R.A. 9165 in conspiracy
with Saunar; (2) XXXand (3) XXX,.

ISsue: WON there is conspiracy in Possession of dangerous drug under


Section 11, Article II of RA 9165.

Rulings: the crime of conspiracy to commit possession of dangerous drugs


does not exist. Simply put, the circumstance of conspiracy is not appreciated
in the crime of possession of dangerous drugs under Section 11, Article II of
R.A. 9165. The fact that the Information for violation of Section 11, Article II of
R.A. 9165 that was filed against the petitioner and Saunar alleged that they
conspired and helped each other is immaterial. In any case, the said
Information sufficiently alleged that the petitioner and Saunar were caught in
possession of dangerous drugs, contrary to Section 11, Article II of R.A. 9165.

Topic: Treachery

People vs Nabong ( GR no. 172324, April 3, 2007)

facTS:
iSSUE:
Rulings

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