This case has been cited 1 times or more.
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2004-01-15 |
DAVIDE JR., CJ. |
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| In this case, the trial court concluded that the fact that the witnesses did not hear any shout or conversation between the assailant and the victim immediately before the attack could only mean that Sayaboc had approached his victim through stealth.[32] While not improbable, that conclusion is merely an inference. The fact remains that none of the witnesses testified as to how the aggression began. The witnesses testified having heard four shots, the last two of which were seen as having been fired while Sayaboc was facing Galam. The autopsy conducted by Dr. Labasan reveals two frontal wounds at the thigh and the shoulder, and two wounds on the right side of Galam's back. Although it is plausible that the initial shots were fired from behind, such inference is insufficient to establish treachery.[33] | |||||