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PEOPLE v. EDUARDO FELIPE

This case has been cited 3 times or more.

	GR No. 172871 2008-09-16	PEOPLE v. CLEMENTE CASTA Y CAROLINO BRION, J.
Treachery, the qualifying circumstance alleged against the appellant, exists when an offender commits any of the crimes against persons, employing means, methods or forms which tend directly or especially to ensure its execution, without risk to the offender, arising from the defense that the offended party might make.[41] This definition sets out what must be shown by evidence to conclude that treachery existed, namely: (1) the employment of such means of execution as would give the person attacked no opportunity for self-defense or retaliation; and (2) the deliberate and conscious adoption of the means of execution. To reiterate, the essence of qualifying circumstance is the suddenness, surprise and the lack of expectation that the attack will take place, thus depriving the victim of any real opportunity for self-defense while ensuring the commission of the crime without risk to the aggressor.[42]
	GR No. 172696 2008-08-11	PEOPLE v. BENITO BALLESTEROS Y GRAGASIN BRION, J.
To prove this qualifying circumstance, the following must be shown: (1) the employment of such means of execution as would give the person attacked no opportunity for self-defense or retaliation; and (2) the deliberate and conscious adoption of the means of execution. The essence of treachery is the sudden and unexpected attack by an aggressor without the slightest provocation on the part of the victim, thereby depriving the latter of any real opportunity for self-defense and ensuring the commission of the crime without risk to the aggressor.[44]
	GR NO. 141066 2005-02-17	EVANGELINE LADONGA v. PEOPLE AUSTRIA-MARTINEZ, J.
The suppletory application of the principle of conspiracy in this case is analogous to the application of the provision on principals under Article 17 in U.S. vs. Ponte. For once conspiracy or action in concert to achieve a criminal design is shown, the act of one is the act of all the conspirators, and the precise extent or modality of participation of each of them becomes secondary, since all the conspirators are principals.[33]