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    People v. Alberca

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    Jimmy Alberca and five others climbed over the wall of the Saycon compound in an attempt to rob the residence. They were spotted by the armed security guard Felipe Climaco, who was stabbed and killed. The evidence showed Alberca and his companions conspired to commit robbery, but did not constitute an organized crime group. While their actions showed a conspiracy to rob, Alberca was only found guilty of robbery with homicide and sentenced to reclusion perpetua.

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    People v. Alberca

    Uploaded by

    Anarchy
    254 views1 page
    Jimmy Alberca and five others climbed over the wall of the Saycon compound in an attempt to rob the residence. They were spotted by the armed security guard Felipe Climaco, who was stabbed and killed. The evidence showed Alberca and his companions conspired to commit robbery, but did not constitute an organized crime group. While their actions showed a conspiracy to rob, Alberca was only found guilty of robbery with homicide and sentenced to reclusion perpetua.

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    Jimmy Alberca and five others climbed over the wall of the Saycon compound in an attempt to rob the residence. They were spotted by the armed security guard Felipe Climaco, who was stabbed and killed. The evidence showed Alberca and his companions conspired to commit robbery, but did not constitute an organized crime group. While their actions showed a conspiracy to rob, Alberca was only found guilty of robbery with homicide and sentenced to reclusion perpetua.

    Copyright:

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

    People v. Alberca

    Uploaded by

    Anarchy
    Jimmy Alberca and five others climbed over the wall of the Saycon compound in an attempt to rob the residence. They were spotted by the armed security guard Felipe Climaco, who was stabbed and killed. The evidence showed Alberca and his companions conspired to commit robbery, but did not constitute an organized crime group. While their actions showed a conspiracy to rob, Alberca was only found guilty of robbery with homicide and sentenced to reclusion perpetua.

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    People v. Alberca, G.R. No.

    117106, June 26, 1996

    FACTS: Jimmy Alberca’s house was just outside the Saycons compound. Two days before the incident, Diego and Darius
    planned to rob the Saycons. The crime was committed Midnight of April 11, 1994 at No. 99 Tandang Sora Aveneu,
    Quezon City. Alberca and five others climbed over the wall of the Saycon compound. They were spotted by the armed
    security guard, Felipe Climaco. Diego Aruta was wounded but counterattack, stabbing the security guard at the back.
    Darius Caenhog aided by stabbing the security guard at the front. The security guard staggered into the house. Alberca
    noticed the armed houseboy, Joey Rodriguez coming near the gate. Alberca followed and stabbed the houseboy on the
    chest. The houseboy run inside the house. Along the way, the houseboy saw Darius with a gun in one hand and a knife
    on the other. Then, they all fled. Alberca escaped over the wall and Darius escaped through the gate. Diego Aruta was
    found dead in the garden. Climaco and Joey was taken to the hospital, unfortunately Climaco was announced dead on
    arrival due to multiple stab wounds.

    RULING:

    Syndicate crime group Conspiracy

    Under Article 62 of the RPC, an organized/ Two or more persons to commit a


    syndicated crime group means a group of particular crime
    two or more persons collaborating,
    confederating or mutually being one another
    for purposes of gain the commission of any
    crime.

    Purposes to gain YES NO

    Organization YES NO
    Those who know but do not participate are Rule in conspiracy that the act of one
    not principals, and even if they are is the act of all.
    members of the syndicate, they will not be
    held liable.

    One group commits the crime of selling; If there is a conspiracy to sell


    Another group commits the crime of prohibited drugs, under the principle
    importing; Another group commits the crime of conspiracy, the liability of the seller
    of planting drugs. would be equally applied to the
    liability of the financier or to the
    importer.

    Syndicate crime group Band

    Participation One or two members All of the members

    Evidence shows that Alberca and his companions planned to rob the Saycons, there is no evidence that they were
    organized for the purpose of committing crimes for gain. There was a conspiracy to commit robbery but not a syndicated
    or organized crime group. The taking of Climaco’s gun constitutes theft. Alberca cannot be held liable for theft because
    that is not the object of the conspiracy. The evidence shows that the group only conspired to rob the Saycon residence.
    The rule is that conspirators are liable only for acts done pursuant to the conspiracy. Alberca guilty of robbery with
    homicide and sentence of reclusion perpetua.

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