This case has been cited 1 times or more.
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2002-01-08 |
QUISUMBING, J. |
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| As revealed by witnesses in their testimony, on the day of the crime, there was a previous altercation between appellant and the deceased. Not long after, the stabbing incident took place. The victim's wife testified that appellant tapped her husband's right shoulder before appellant hacked her husband, a warning that the latter's life was in danger.[24] Also, since witness Rabino said he did not see how the incident commenced, his testimony could not be utilized to support the allegation of treachery. The fatal wounds found at the back of the deceased do not, by themselves, indicate treachery.[25] In the absence of other details that would confirm that indeed appellant deliberately adopted the means employed to kill the deceased, the qualifying aggravating circumstance of treachery cannot be appreciated. Treachery cannot be presumed and must be proved by clear and convincing evidence or as conclusively as the killing itself.[26] Hence, the conviction of appellant must be modified so that he is declared guilty not of murder but only homicide. | |||||