This case has been cited 1 times or more.
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2000-02-29 |
QUISUMBING, J. |
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| Treachery likewise did not attend the commission of the crime. The qualifying circumstance of treachery can not be taken into consideration in the absence of evidence showing the manner of attack and what ensued inside the hut. Nobody witnessed the actual killing, only its immediate aftermath. Where treachery is alleged, the manner of attack must be proven.[36] It cannot be presumed or concluded merely on the basis of the resulting crime.[37] When no particulars are known regarding the manner in which the aggression was made or how the act which resulted in the death of the victim began and developed, it cannot be established from mere supposition that the accused perpetrated the killing with treachery.[38] | |||||