This case has been cited 1 times or more.
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2002-06-06 |
QUISUMBING, J. |
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| Based on the established facts, the Court agrees with the trial court that the killing of Arnulfo Inocencio was attended by the qualifying circumstance of treachery. There is treachery when one employs means, methods or forms in the execution of a crime without risk to oneself arising from the defense which the offended party might make.[26] The victim was then unarmed and oblivious to the possibility of a deadly attack as he was even having fun with his friends and appellant. There was no altercation or confrontation that preceded the attack. The suddenness and unexpectedness of the attack even failed to forewarn or arouse any alarm from the victim's drinking companions. They did not suspect that anything untoward would happen. Indeed, the essence of treachery is the swift and unexpected attack on an unarmed victim that insures its execution without risk to the assailant arising from the defense of his victim.[27] Moreover, although the victim and his assailant were face to face at the time the stabbing was made, where it appears that the attack was not preceded by a dispute and the offended party was unable to prepare for his defense, treachery should be taken into account.[28] | |||||