This case has been cited 1 times or more.
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2003-05-08 |
QUISUMBING, J. |
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| The element of treachery attended the slaying of Obngayan because (1) the means of execution employed gave the person attacked no opportunity to defend himself or to retaliate; and (2) the means of execution were deliberately or consciously adopted.[24] In this case, the victim was totally unprepared for the volley of gunshots by appellant. The victim was unarmed, while appellant was carrying a weapon.[25] When shot, the victim was already retiring, as he was then slowly turning away towards his bunker. As he was already walking away towards his bunker, he was clueless of appellant's sudden attack. Such unexpected and sudden attack under circumstances that render the victim unable and unprepared to defend himself constitutes alevosia.[26] | |||||