People v. Yanson-Dumancas

November 17, 2018 | Author: Christmas Astronomo | Category: Reasonable Doubt, Kidnapping, Testimony, Virtue, Criminal Law
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People v. Yanson-Dumancas Summary Cases: •

People of the Philippines vs. Jeanette (Ginette) Yanson-Dumancas et al.

People v. Yanson-Dumancas Subject: Degree of culpability, indeterminate sentence la Facts:  !cting upon the alleged inducement inducement of spouses Jeanette and "harles Dumancas, Dumancas, under the direction cooperation and undue influence, e#erted by P$"ol. %icolas &orres, ta'ing advantage of his position as the tation "ommander of the P%P, ith the direct participation and cooperation of other Police nspectors, concurring and affirming in the said criminal design, ith the use of motor vehicle abduct, 'idnap and detain *ufino Gargar Jr., ith evident premeditation and treachery, nocturnity, nocturnity, and the use of motor vehicle, did then and there shot and 'ill the said victim, hile being handcuffed and blindfolded+ that accused did then and there secretly bury the corpse in a shallo grave or the purpose of concealing the crime of murder in order to prevent its discovery. . n "*%! "!/ %0. 12-3345, each of the !ccused charged as principal is hereby sentenced to suffer the penalty of *eclusion Perpetua, ith all the accessories of the la+ to indemnify, 6ointly and severally, the 7eirs of *ufino Gargar Jr. 5. n "*%! "!/ %0. 12-3348, each of the !ccused charged as principal is hereby sentenced to suffer the penalty of *eclusion Perpetua, Perpetua, ith all the accessories of the la, indemnify 6ointly and severally, the 7eirs of Danilo umangyao.  !ccused "harles Dumancas, Dumancas, Police 0fficers Pahayupan Pahayupan and "adunay "adunay Jr. are hereby ac9uitted ac9uitted of the crime charged for failure of the prosecution to prove their guilt beyond reasonable doubt. 0n the case of accused-appellant Jeanette Yanson-Dumancas, the information charged her of the crime of 'idnapping for ransom ith murder as principal by induction together ith her husband, "harles, ho as found by the trial court not guilty of the crime. Held Principal by Inducement . !rticle :, :, *evised Penal "ode, "ode, provides; provides; &he folloing folloing are considered considered principals; principals; (i) &hose &hose ho ho ta'e a direct part in the e#ecution e#ecution of the act+ (ii) &hose ho directly force or induce others to commit it+ and (iii) &hose ho cooperate in the commission of the offense by another act ithout hich it ould not have been accomplished. 5.
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