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] | |||||