This case has been cited 2 times or more.
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2002-01-10 |
QUISUMBING, J. |
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| Treachery (alevosia) is committed when two conditions concur, namely: (1) that the means, methods, and forms of execution employed gave the person attacked no opportunity to defend himself or to retaliate; and (2) that such means, methods and forms of execution were deliberately and consciously adopted by the accused without danger to his person.[27] In this case, attendant circumstances including the sequence of events, as found by trial court and as shown by the records, rule out the presence of the first element of alevosia. True, appellant stabbed Milanes at the back while Ferdinand encircled his arm in a tight grip around the victim's neck. But recall, however, that Milanes was together with an armed policeman (SPO1 Cura), Rodney Tan, and other passengers.[28] There were also on-lookers. Note likewise that the incident happened at past 7 o'clock A.M.[29] during a traffic jam.[30] The presence of Cura (albeit in civilian attire) and his companions who came to Milanes' rescue shows that the victim was not completely helpless. [31] | |||||
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2002-01-10 |
QUISUMBING, J. |
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| Finally, as SPO1 Cura himself admitted on cross-examination, the meeting between the two groups was accidental, while the two vehicles where they were on board were not moving due to the heavy traffic. It was only upon sighting Milanes, after 10 to 15 minutes while on a traffic standstill, did appellant and co-accused assault Milanes.[36] Treachery cannot be considered when the meeting between the victim and the accused was only accidental.[37] | |||||