This case has been cited 2 times or more.
|
2007-09-28 |
CHICO-NAZARIO, J. |
||||
| This Court agrees with the trial court in appreciating treachery as a circumstance qualifying the killing of the victim. As we have consistently ruled, 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. 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.[28] | |||||
|
2007-01-23 |
TINGA, J. |
||||
| In this case, the trial court correctly appreciated the qualifying circumstance of treachery that attended the killing of Manuel Perlaoan and the wounding of Adelaida. Two conditions must concur for treachery to exist: (1) that at the time of the attack, the victim was not in a position to defend himself, and (2) that the offender consciously adopted the particular means, method or form of attack employed by him.[31] | |||||