This case has been cited 1 times or more.
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2003-04-30 |
QUISUMBING, J. |
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| Concerning treachery, the prosecution has shown that there was that swift and unexpected attack of an unarmed victim, which is the essence of treachery.[38] The victim was defenseless and unarmed as he was then promenading with his pregnant girlfriend, clueless of the danger that lies ahead. Thus the twin requirements for the existence of treachery under Art. 14 (16) of the Revised Penal Code[39] had been adequately proven: (1) the means of execution employed gave the person attacked no opportunity to defend himself or retaliate; and (2) the means of execution was deliberately or consciously adopted.[40] Accordingly, the killing of Leopoldo Alvarado constitutes murder. Under Art. 248 of the Revised Penal Code prior to its amendment by Republic Act 7659 or the Death Penalty Law, the crime of murder is punishable by reclusion temporal in its maximum period to death. In the absence of any mitigating or generic aggravating circumstance, the penalty shall be imposed in its medium period, or reclusion perpetua.[41] | |||||