This case has been cited 3 times or more.
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2007-04-13 |
CALLEJO, SR., J. |
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| We, however, deem it proper to delete the P50,000.00 awarded by the trial court as and by way of attorney's fees, in view of its failure to state in the body of the decision the legal basis therefor. The power of courts to grant damages and attorney's fees demands factual, legal and equitable justification, and cannot be left to speculation or conjecture.[87] | |||||
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2006-09-27 |
CHICO-NAZARIO, J. |
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| There is no dispute that Norman was facing appellant at the time of the first blow. Subsequently, however, Norman turned his back and tried to run but he was hacked at the back, and when he fell on the ground, he was hacked again repeatedly. It is settled that treachery is to be appreciated when the victim was initially attacked frontally, but was attacked again after being rendered helpless and had no means to defend himself or to retaliate.[52] As long as the attack was sudden and unexpected, and the unarmed victim was not in a position to repel the attack, there is treachery.[53] | |||||