This case has been cited 1 times or more.
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2002-04-19 |
QUISUMBING, J. |
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| Anent the third issue, we also agree with the trial court that treachery is present in this case. The victim and his wife were suddenly attacked as they were coming down from a jeepney. They had no idea that they were going to be assaulted. The manner by which the appellants commenced and perpetrated their assault, (1) by trying to bump Leo and Adelaida Boco, making the former lose his balance and more susceptible to an attack, and (2) by simultaneously attacking Leo Boco, hence preventing him from putting up any semblance of defense, shows beyond any doubt that there was alevosia in this case. Settled is the rule that an unexpected and sudden attack under circumstances that render the victim unable and unprepared to defend himself constitutes alevosia.[28] | |||||