This case has been cited 4 times or more.
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2003-11-04 |
TINGA, J. |
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| Under substantive law, 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.[40] Two conditions must then concur for treachery to be present, viz., (1) the employment of means of execution that gives the person attacked no opportunity to defend himself or retaliate, and; (2) the deliberate or conscious adoption of the means of execution.[41] | |||||
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2001-04-03 |
YNARES-SANTIAGO, J. |
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| There is alevosia 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.[42] What is decisive in treachery is that the execution of the attack made it impossible for the victim to defend himself or to retaliate.[43] In this case, Lazaro Dulay was asleep when he was hacked to death by accused-appellant. It has been repeatedly held by this Court that there exists the qualifying circumstance of alevosia when one takes the life of a person who is asleep.[44] | |||||
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2000-12-14 |
PER CURIAM |
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| We likewise hold that the aggravating circumstance of nighttime did not attend the commission of the crime. The fact that the offense was committed at 9:30 in the evening does not suffice to sustain nocturnidad for, by itself, nighttime is not an aggavating circumstance.[23] To be properly so considered, it must be shown that nocturnidad was deliberately and intentionally sought by accused-appellants to help them realize their evil intentions.[24] Nowhere can we infer from the records that the malefactors sought the cover of darkness to facilitate the accomplishment of their devious design. On the contrary, the locus criminis was well lighted and nighttime was merely an incidental element to the whole drama. | |||||
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2000-11-23 |
PARDO, J. |
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| However, we find that treachery was present in the case at bar. Two conditions must be met in order to constitute treachery: (1) the employment of means of execution that gives the person attacked no opportunity to defend himself or retaliate; and (2) the means of execution were deliberately or consciously adopted.[33] In this case, the victim was unarmed, defenseless, and unaware of the fate awaiting him at the bottom of the stairs of the house of Rogelio. Adelino Lastimoso was shot without provocation and without an opportunity to defend himself. Thus, the treacherous nature of his killing is evident. | |||||