This case has been cited 1 times or more.
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2000-05-31 |
PARDO, J. |
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| However, no treachery attended the commission of the offense. While the autopsy report of Dr. Alberto M. Bondoc[24] revealed that Melvin suffered multiple abrasions and drowned, there is no evidence showing that the attack on Melvin came without warning and that he had absolutely no opportunity to defend himself or to escape. Where no particulars are known regarding the manner in which the aggression was made or how the act which resulted in the victim's death began and developed, it cannot be established from mere supposition that the accused perpetrated the killing with treachery.[25] Any doubt as to the existence of treachery must be resolved in favor of the accused.[26] Thus, where treachery was not adequately proved, the accused-appellants can be convicted only of homicide.[27] | |||||