This case has been cited 1 times or more.
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2002-07-11 |
KAPUNAN, J. |
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| accused-appellant's attack was sudden; however, mere suddenness of the attack is not enough to constitute treachery.[57] It must be shown that the means of attack was consciously adopted[58] and the accused reflected on the means and made some preparation to kill the victim.[59] On the other hand, there is enough evidence to show that the shooting of the victim was made on the spur of the moment brought about by a stinging provocation from the victim. Ramil Acosta testified that prior to the shooting, there was an altercation between | |||||