This case has been cited 1 times or more.
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2003-07-14 |
YNARES-SANTIAGO, J. |
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| For treachery to be appreciated, it must be present right at the inception of the attack. Where no particulars are known as to how the killing began, its perpetration with treachery cannot merely be supposed.[20] It must be borne in mind that qualifying and aggravating circumstances which are taken into consideration for the purpose of increasing the degree of penalty imposed must be based on positive or conclusive proof, not mere suppositions or speculations,[21] and must be proved as clearly and convincingly as the killing itself.[22] Any doubt as to the existence of treachery must be resolved in favor of the accused.[23] | |||||