This case has been cited 1 times or more.
|
2001-12-21 |
BELLOSILLO, J. |
||||
| In the case at bar, however, there is no sufficient proof to establish with certainty that accused-appellant deliberately and consciously adopted the means of executing the crime against Jonathan Aromin. Furthermore, the victim was already aware of the danger as he saw accused-appellant carrying a gun and heard two (2) gunshots prompting him to run and hide behind a wall.[42] Thus, there could be no treachery since prior to the attack the victim was forewarned of the danger to his life and even managed to flee, albeit unsuccessfully.[43] Consequently, accused-appellant can only be convicted of frustrated homicide in Crim. Case No.C-44940. | |||||