This case has been cited 1 times or more.
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2002-07-04 |
YNARES-SANTIAGO, J. |
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| party might make.[64] It is of no moment that the assault was preceded by a challenge to fight. We have consistently held that treachery may still be appreciated even when the victim was forewarned of danger to his person.[65] What is decisive is that at the time the blow was struck, the deceased was helpless and unable to defend himself.[66] Treachery being attendant in the slaying of Domingo Ramos, the killing is therefore qualified to murder. Abuse of superior strength is deemed absorbed in treachery and cannot thus be separately considered as a generic aggravating circumstance. | |||||