This case has been cited 2 times or more.
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2016-01-18 |
PERALTA, J. |
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| Murder is defined under Article 248[10] of the Revised Penal Code as the unlawful killing of a person, which is not parricide or infanticide, attended by circumstances such as treachery or evident premeditation.[11] The essence of treachery is the sudden attack by the aggressor without the slightest provocation on the part of the victim, depriving the latter of any real chance to defend himself, thereby ensuring the commission of the crime without risk to the aggressor.[12] Two conditions must concur for treachery to exist, namely, (a) the employment of means of execution gave the person attacked no opportunity to defend himself or to retaliate; and (b) the means or method of execution was deliberately and consciously adopted.[13] In People v. Biglete,[14] the Court ruled:x x x Indeed, the victim had no inkling of any harm that would befall him that fateful night of August 27, 2001. He was merely plying his regular [jeepney] route. He was unarmed. The attack was swift and unexpected. The victim's arms were on the steering wheel; his focus and attention on the traffic before him. All these showed that the victim was not forewarned of any danger; he also had no opportunity to offer any resistance or to defend himself from any attack.[15] | |||||
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2013-07-17 |
VILLARAMA, JR., J. |
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| As for the defense of the petitioner which is grounded, firstly, upon denial and alibi, basic is the rule that the defense of denial and alibi cannot prevail over the witness' positive identification of the accused-appellants.[13] Moreover, as oft-repeated in jurisprudence | |||||