This case has been cited 1 times or more.
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2002-09-17 |
BELLOSILLO, J. |
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| said that he deliberately and consciously pulled out his gun and fired at the deceased to insure the commission of the crime without risk to himself.[8] Furthermore, the heated exchanges between him and the deceased prior to the attack must have placed the latter on his guard, hence, we cannot rule that Mayolito Cabatu was caught completely by surprise when accused-appellant took up arms against him. For there to be treachery by reason of the suddenness and unexpectedness of the attack, there must have been no warning of any sort to the deceased or offended party.[9] Verily, the statement of accused-appellant to Mayolito Cabatu, viz, "Aguray | |||||