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PEOPLE v. BENITO ESPIRITU Y ISRAEL

This case has been cited 1 times or more.

2008-03-27
CHICO-NAZARIO, J.
Even if we were to assume that nocturnity was present in the case at bar, this cannot still be appreciated in view of the presence of treachery that attended the killing of Ramon. Nighttime cannot be considered an aggravating circumstance separate from treachery, since nighttime is absorbed in treachery.[66]