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20 - PEOPLE Vs BELTRAN
20 - PEOPLE Vs BELTRAN
20 - PEOPLE Vs BELTRAN
MAIN POINT:
Conspiracy exists in the case at bar base on the sequence of events that
transpired. It is also enough to prove conspiracy exist, that at a time teh offense was
committed, the participants had the same purpose and were united in execution.
Beltran cannot raised the defense of self defense because the elements of: (1)
unlawful aggresssion on the [art of the offended party; (2) reasonable necessity of the
means employed; (3) and lack of sufficient provocation on the part of the eprson
defending himself was not present.
RULING:
Yes. The appellants should be credited with voluntary surrender as mitigating
circumstance. However, in the case at bar theis mitigating circumstance is offset by the
aggravtaing ircumstace of evident premeditation.