Sunday, April 14, 2013

Boado vs SC: conspiracy or no

On page 262 of Notes and Cases on the Revised Penal Code, 2012 Ed. by Leonor Boado, we find the following passage:


The author was discussing an example of separate acts that constitute a complex crime. Unfortunately she chose the case of Lawas, 97 Phil. 975. Lawas is a tough case to follow as there is no complete text available. It is only mentioned as unreported yet many SC decisions advert to it and a few problem may have resulted which will be a subject of a future post.

I think Boado quoted the above passage from Pp. vs Caldito, G.R. 78432-33. What's interesting is that she ended parenthetically by saying that it should have been a conspiracy. But the SC in Pp. vs Hon. Pineda, GR L-26222  said it was not:

Note: A typo in the above passage is courtesy of Lawphil.

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