This case has been cited 1 times or more.
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2000-07-14 |
YNARES-SANTIAGO, J. |
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| "The aggravating circumstance of treachery is not present when decision to attack was arrived at on the spur of the moment."[39] The annotations are similarly consistent. It is not enough that the means, methods, or form of execution of the offense was without danger to the offender arising from the defense or retaliation that might be made by the offended party. It is further required, for treachery to be appreciable, that such means, method or form was deliberated upon or consciously adopted by the offender.[40] Such deliberate or conscious choice was held non-existent where the attack was the product of an impulse of the moment.[41] | |||||