BALEROS vs. PEOPLE Facts: In this Motion for Partial Reconsideration, petitioner-movant Renato Baleros, Jr.

, through counsel, seeks reconsideration of our Decision of Fe ruar! "", "##$, ac%uitting him of the crime of attempted rape, there ! reversing an earlier decision of the &ourt of 'ppeals, ut ad(udging him guilt! of light coercion and sentencing him to )# da!s of arresto menor and to pa! a fine of P"##.##, *ith the accessor! penalties thereof and to pa! the costs. It is petitioner+s su mission that his conviction for light coercion under Information for attempted rape, runs counter to the en anc ruling of the &ourt in People v. &ontreras *here the &ourt held, -he .olicitor /eneral contends that accusedappellant should e held lia le for un(ust ve0ation under 'rt. "123"4 of the Revised Penal &ode. 5o*ever, the elements of un(ust ve0ation do not form part of the crime of rape as defined in 'rt. ))6 of the Revised Penal &ode. Moreover, the circumstances stated in the information do not constitute the elements of the said crime. 'ccused-appellant, therefore, cannot e convicted of un(ust ve0ation. Issue: 7hether the offender8s act causes anno!ance, irritation, torment, distress, or distur ance to the mind of the person to *hom it is directed, *hich is a paramount %uestion in a prosecution for un(ust ve0ation9 Held: For eing a mere rehash of those alread! passed upon and found to e *ithout merit in the Decision sought to e reconsidered, the other grounds relied upon ! the petitioner in his Motion for Partial Reconsideration in support of his plea for a complete ac%uittal need not e ela ored ane*. 75:R:F;R:, the motion under consideration is D:<I:D *ith FI<'=I->.

PALAGANAS VS. PEOPLE Facts: Brothers Servillano, Melton and Michael Ferrer were having their drinking spree at their house but later decided to proceed to Tidbits Videoke Bar to continue their drinking spree and to sing. Thereafter, Jaime alaganas arrived together with Ferdinand alaganas !nephew" and Virgilio Bautista. #hen Jaime alaganas was singing, Melton Ferrer sang with him. ' rum le, caused ! the song ?m! *a!@ Jaime alaganas got irritated and insulted. $e felt that he was being mocked b% Melton Ferrer, that caused him to went to the Ferrer&s table and uttered statements which began the fight. Ferdinand sought help to 'u((eric alaganas. The% went to the Bar and upon seeing the Ferrer&s outside, Ferdinand pointing at the Ferrer&s instructed 'u((eric to shoot them. 'u((eric alaganas shot Servillano, Melton and Michael with the use of unlicensed firearm. )s a result, Melton was killed, Servillano was fatall% wounded and Michael was shot in his right shoulder.

Issue:

#hether or not the use of unlicensed firearm is a special aggravating circumstance which should be appreciated b% the court at the case at bar* Held: +es. ,t has been held b% the Supreme -ourt from the precedents before the case that the use of unlicensed firearm is now considered as a special aggravating circumstance. The -ourt states that. /)side from the aggravating circumstances abovementioned, there is also an aggravating circumstance provided for under residential 0ecree 1o. 2344, 45 as amended b% 'epublic )ct 1o. 3678, 48 which is a special law. ,ts pertinent provision states.9 /,f homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance.9 Therefore, the decision was affirmed with certain modifications appreciating the special aggravating circumstance in the case at bar.

PEOPLE V. AGAPITO LISTERIO G.R. NO. 122099 The accused was convicted of murder and frustrated murder committed with conspiracy. He assails the testimony of the witness as insufficient to convict him of her crime charged. HELD: It is well settled that witnesses are to be weighed, not numbered, such that the testimony of a single, trustworthy and credible witness could be sufficient to convict an accused. The trial court found the witness testimony as candid and straightforward. Court defer to the lower courts findings consistent with the principle that the trial judge is the best and the most competent person who can weigh and evaluate the testimony of witnesses. Conspiracy was also proven. A conspiracy e ists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. To establish the e istence of a conspiracy, direct proof is not essential since it may be shown by facts and circumstances from which may be logically inferred the e istence of a common design among the accused to commit the offense charged, or it may be deduced from the mode and manner in which the offense was perpetrated. If there is a chain of circumstances to that effect, conspiracy can be established.

The accused was convicted of murder and frustrated murder committed with conspirac%. $e assails the testimon% of the witness as insufficient to convict him of her crime charged.

$:;0. ,t is well settled that witnesses are to be weighed, not numbered, such that the testimon% of a single, trustworth% and credible witness could be sufficient to convict an accused. The trial court found the witness& testimon% as candid and straightforward. -ourt defer to the lower court&s findings consistent with the principle that the trial (udge is the best and the most competent person who can weigh and evaluate the testimon% of witnesses. -onspirac% was also proven. ) conspirac% e<ists when two or more persons come to an agreement concerning the commission of a felon% and decide to commit it. To establish the e<istence of a conspirac%, direct proof is not essential since it ma% be shown b% facts and circumstances from which ma% be logicall% inferred the e<istence of a common design among the accused to commit the offense charged, or it ma% be deduced from the mode and manner in which the offense was perpetrated. ,f there is a chain of circumstances to that effect, conspirac% can be established. case digests, case digests of supreme court decisions, case digests hilippines, mobile phone deals, laptop computers, gadgets, free legal opinion, online (obs, best law firms in Mindanao