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PEOPLE v. ERNESTO DE GUZMAN Y ELEMENCIO

This case has been cited 3 times or more.

	GR No. 188704 2010-07-07	PEOPLE v. PEDRO ORTIZ MENDOZA, J.
Article 14, paragraph 16 of the Revised Penal Code provides that "there is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make." The essence of treachery is the sudden and unexpected attack by the aggressors on unsuspecting victims, depriving the latter of any real chance to defend themselves, thereby ensuring its commission without risk to the aggressors, and without the slightest provocation on the part of the victims.[15]
	GR No. 184050 2009-05-08	PEOPLE VELASCO JR., J.
His argument lacks merit. The essence of treachery is the sudden and unexpected attack by the aggressors on unsuspecting victims, depriving the latter of any real chance to defend themselves, thereby ensuring its commission without risk to the aggressors, and without the slightest provocation on the part of the victims.[9] From the evidence gleaned by the trial court, the facts are enough to show the treachery employed by accused-appellant. The attack was sudden, as testified by the witnesses, and unexpected, considering it happened at a birthday celebration, without any warning. No provocation was proved on the part of the victim, as the testimony of accused-appellant that the victim was about to attack him was uncorroborated and not given weight by the trial court. Thus, the victim had no inkling that an attack was forthcoming and had no opportunity to mount a defense.
	GR No. 177775 2008-10-10	PEOPLE v. ISAIAS V. DIZON CARPIO MORALES, J.
A word on the civil aspect of the case. In line with prevailing jurisprudence, the award of civil indemnity is reduced from P75,000 to P50,000.[7] The award of temperate damages[8] is deleted, actual damages having already been awarded. The Court awards, however, exemplary damages in the amount of P25,000,[9] an aggravating circumstance - treachery - being present.