Scribd Logo
Upload

Welcome to Scribd!

  • 5 views

    PP v. Ricardo Bacbac

    Uploaded by

    CYRUZE EGAN ANGOG
    The document discusses a court case where Ricardo Bacabac appealed his murder conviction, arguing he was not the shooter and should receive a mitigating circumstance. The court held that Bacabac's failure to help the victims after the shooting reinforced the finding of conspiracy between him and the other accused to harm the victims.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    PP v. Ricardo Bacbac

    Uploaded by

    CYRUZE EGAN ANGOG
    5 views1 page
    The document discusses a court case where Ricardo Bacabac appealed his murder conviction, arguing he was not the shooter and should receive a mitigating circumstance. The court held that Bacabac's failure to help the victims after the shooting reinforced the finding of conspiracy between him and the other accused to harm the victims.

    Original Description:

    case digest PP V. RICARDO BACBAC

    Original Title

    PP V. RICARDO BACBAC

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses a court case where Ricardo Bacabac appealed his murder conviction, arguing he was not the shooter and should receive a mitigating circumstance. The court held that Bacabac's failure to help the victims after the shooting reinforced the finding of conspiracy between him and the other accused to harm the victims.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    5 views1 page

    PP v. Ricardo Bacbac

    Uploaded by

    CYRUZE EGAN ANGOG
    The document discusses a court case where Ricardo Bacabac appealed his murder conviction, arguing he was not the shooter and should receive a mitigating circumstance. The court held that Bacabac's failure to help the victims after the shooting reinforced the finding of conspiracy between him and the other accused to harm the victims.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    CASE DIGEST: RICARDO BACABAC V.

    PEOPLE OF THE
    PHILIPPINES 532 SCRA 557 (2007)
    Published by arce on August 13, 2013 | Leave a response

    RICARDO BACABAC v. PEOPLE OF THE PHILIPPINES 532 SCRA 557


    (2007)

    Bacabac’s failure to assist the victims after the shooting reinforces this Court’s
    appreciation of community of design between him and his co-accused to harm the
    victims. Following a heated argument in a dance hall which resulted in a brawl, Jose
    Talanquines, Jr. (Jose), and Edzel Talanquines (Edzel), herein referred to as
    Talanquines brothers, proceeded to confront their enemies armed with guns. They were
    accompanied by Jonathan Bacabac, Pat. Ricardo Bacabac, and Jesus Delfin (Jesus). In
    the dance hall, they encountered Hernani Quidato and Eduardo Selibio. After a physical
    confrontation, The Talanquines brothers shot Quidato and Selibio. Quidato and Selibio
    later died from their wounds. The Talanquines brothers, together with Jonathan
    Bacabac, Pat. Ricardo Bacabac, and Jesus Delfin was charged and found guilty of the
    crime of Murder. Ricardo Bacabac (Bacabac) appealed his conviction, contending that
    he cannot be deemed to be in conspiracy with the other accused because he was not the
    one who pulled the trigger. He also alleged that even if he was convicted of Murder, in
    gratis argumenti, the correctness of the pronouncement of guilt should have been
    attended by the mitigating circumstance of immediate vindication of a grave offense, in
    the same manner as the other accused.

    ISSUE:

    Whether or not there is conspiracy among Jonathan Bacabac, Pat. Ricardo Bacabac, and
    Jesus Delfin in the murder of the victims.

    HELD:

    Bacabac‘s failure to assist the victims after the shooting reinforces this Court’s
    appreciation of community of design between him and his co-accused to harm the
    victims. What is decisive in treachery is that “the attack was executed in such a manner
    as to make it impossible for the victim to retaliate.” In the case at bar, petitioner, a
    policeman, and his co-accused were armed with two M-16 armalites and a revolver. The
    victim and his companions were not armed. The attack was sudden and unexpected, and
    the victim was already kneeling in surrender when he was shot the second time. Clearly,
    the victim and his companion Eduardo had no chance to defend themselves or retaliate.
    Conspiracy presupposes the existence of evident premeditation does not necessarily
    imply that the converse ─ that evident premeditation presupposes the existence of a
    conspiracy ─ is true. In any event, a link between conspiracy and evident premeditation
    is presumed only where the conspiracy is directly established and not where conspiracy
    is only implied, as in the present case.

    You might also like