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PEOPLE v. JUAN FACTAO

This case has been cited 1 times or more.

2004-06-08
YNARES-SATIAGO, J.
We have consistently ruled that there is treachery when the offender commits any of the crimes against persons, 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.[26] Two conditions must concur for treachery to exist, namely: (a) the employment of means of execution that gave the person attacked no opportunity to defend himself or to retaliate; and (b) the means or method of execution was deliberately and consciously adopted.[27]