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Is cover up conspiracy or accessory to the crime?

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sap


Arresto Menor
scenario: an alleged suicide was committed by a certain victim but not convinced according to NBI medico-legal the entrance wound of the bullet was at the upper right side portion of the victim's back head trajectory is directed downward to left.

involved: Brgy. Tanod and a Police Auxiliary Unit (PAU) supervised by local PNP, in short police ally or asset.

tool: 38 snub nose owned by the Brgy. Tanod.

time and date: 1:00 A.M., July 28, 2009.

where: inside session room of brgy. hall.

witness: no direct witness.

evidences: only circumstantial evidences and medico-legal of NBI and Medico-legal of certain hospital suggesting no suicide.

evidences for suicide angle: no evident basis that will justify the commission of suicide.

Narration: the victim and the brgy. tanod was the only person when the alleged suicide incident was committed inside the session room of a certain brgy. hall.

the brgy. tanod informed suicide incident to a local pnp on duty.

on the entire police investigation comes up cited in favor of the suspect brgy tanod only that it was suicide though there were no crime scene technician or SOCO processed the crime scene and the deceased that should support.

Question: if murder was committed by the brgy. tanod and there is willful intent to cover up committed by the policemen in attending to the alleged suicide incident, is cover up conspiracy or accessory to the crime?

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attyLLL


moderator
accessory by concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.


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sap


Arresto Menor
with regards to this case i posted, a resolution has already came out with homicide against the brgy. tanod stating there we're no direct witness;

question: 1) is there anything we can do to amend it from homicide to murder? how?
2) is there a murder case prosper without direct witness?
3) whose case?

thank you for the reply.

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attyLLL


moderator
i understand why you would want the crime to be non-bailable. but you have to provide direct proof of qualifying circumstances. if none were appreciated by the investigating fiscal, then you cannot force him.

if you try to file an MR, the effect is that it will delay the case.


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