He also heard Mayor Carlos said leave it because its already dead From his

He also heard mayor carlos said leave it because its

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He also heard Mayor Carlos said "leave it because it's already dead." From his direct and straightforward testimony, there is no doubt as to the identity of the culprits. - MURDER WAS ESTABLISHED 1. Floro was killed 2. Ex-Mayor Carlos, Rey, Edel, Nonong, and Calvin were 5 of 9 perpetrators 3. The killing was attended with AC of EP as testified by witnesses as well as treachery 4. Killing of Floro was neither parricide nor infanticide - 2 nd Element established o There is motive to kill o Floro supported Cortero – rey’s opponent for mayor o Planned to kills Floro on 2 separate occasions – “Ipatumba si Floro”; plotting to kill o Antipolo eyewitness the killing corroborated by Serapion o ‘mission accomplished sir” - Consists of both direct and circumstancial evidence - 3 rd element o There is treachery o Successively fired, no means to defend himself, shot at a lose distance, without risk to themselves, had lookouts COMPLEX CRIM E OF MURDER WITH DIRECT ASSAULT - 2 modes of commiting this under Art 148 of the RPC - Committed 2 nd kind of assault - Elements: 1. There must be an attack, use of force or following elements must be established: 1. that a person was killed; 2. That the accused killed him or her; 3. that the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the Revised Penal Code; and 4. that the killing is not parricide or infanticide. COMPLEX CRIM E OF MURDER WITH DIRECT ASSAULT Elements: 1. There must be an attack, use of force or serious intimidation or resistance upon a PA or his agent 2. The assault was made when the person was performing his duties or on the occasion of such performance and 3. The accused knew that the victim is a person in authority or his agent – the accused must have the intention to offend, injure, assault the offended party as a PA or agent of PA
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ROSALINDA - Mayor Carlos went to her house and to her that he would kill her husband following Floro SERVANDO - He was in the house of the Mayor Carlos say “impatuba si Floro Casas” - Bodyguard Daming witness… DEFENSE OF MAYOR CARLOS - He and floro are close friends - He learned that he and his son were suspects in Floro’s killing 5 months after the incident - Confirmed that he was with Rey and Dela Cruz while inquiring about the shooting at the school - Denied meeting Felix, Rosalinda or that Servando was his bodyguard DEFENSE OF REY - He was in his house planning to Campaign passed by Celera Elementary School saw father’s car proceeded to meet the counselor’s in Ranio’s house all went to Barangay Matagantang - Expressed that this criminal case may be politically motivated because he won as mayor QUIRINO He and his family were having dinner at their house near school heard gunshorts peeped thru the fence NONONG - Engaged in drinking spree in Nining Berdida’s house and stayed there until 11 pm EDEL - Rey called him to go to Ranio’s house in Masbate - Denied being a boyguard of Mayor BULLDOG - He was with his wife attending a birthday party
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  • Winter '20
  • Law, criminal law, Crispin Beltran

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