This case has been cited 1 times or more.
|
2006-12-06 |
YNARES-SANTIAGO, J. |
||||
| We cannot, however, agree with the trial court's finding that the appellant is guilty of murder. Treachery cannot be appreciated in this case for no prosecution witness saw how the assault started.[25] Treachery cannot be presumed but must be proved by clear and convincing evidence or as conclusively as the killing itself.[26] As Rosita testified, she only saw appellant and Hebreo come out of the victim's hut shortly after she heard the latter cried "aray ko, aray ko, aray ko." Where no particulars are shown as to the manner by which the aggression was commenced or how the act which resulted in the death of the victim began and developed, treachery can in no way be established from mere suppositions, drawn solely from circumstances prior to the killing.[27] | |||||