This case has been cited 1 times or more.
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2000-09-20 |
BELLOSILLO, J. |
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| There is treachery when the offender commits any of the crimes against persons, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.[14] Considering the rule that treachery cannot be inferred but must be proved as fully and convincingly as the crime itself, any doubt as to its existence must be resolved in favor of accused-appellant. Accordingly, for failure of the prosecution to prove treachery to qualify the killing to murder, accused-appellant may only be convicted of homicide. | |||||