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PEOPLE v. WILLIE ALMEDILLA Y ARCILLA

This case has been cited 5 times or more.

	GR No. 190521 2011-01-12	LETICIA TAN v. OMC CARRIERS BRION, J.
We did the same in People v. Singh,[31] and People v. Almedilla,[32] granting temperate damages in place of actual damages for the failure of the prosecution to present sufficient evidence of the deceased's income.
	GR No. 180421 2009-10-30	PEOPLE v. DOMINGO ALPAPARA QUISUMBING, J.
True, on numerous occasions, we have held that where a killing was preceded by an argument or quarrel, then the qualifying circumstance of treachery can no longer be appreciated since the victim could be said to have been forewarned and could anticipate aggression from the assailants.[18] What is decisive in treachery, however, is that the execution of the attack made it impossible for the victim to defend himself or retaliate.[19]
	GR No. 172752 2008-06-18	PEOPLE v. RODOLFO SISON REYES, R.T., J.
The essence of treachery lies in the attack which comes without warning, and is swift, deliberate and unexpected, and affords the hapless, unarmed and unsuspecting victim no chance to resist or escape,[50] ensuring its commission without risk to the aggressor, without the slightest provocation on the part of the victim.[51] What is decisive in treachery is that the execution of the attack made it impossible for the victim to defend himself or retaliate.[52] Treachery may also be appreciated even if the victim was warned of the danger to his life where he was defenseless and unable to flee at the time of the infliction of the coup de grace.[53]
	GR No. 159636 2004-11-25	VICTORY LINER v. ROSALITO GAMMAD YNARES-SATIAGO, J.
Article 2224 of the Civil Code was likewise applied in the recent cases of People v. Singh[43] and People v. Almedilla,[44] to justify the award of temperate damages in lieu of damages for loss of earning capacity which was not substantiated by the required documentary proof.
	GR No. 153248 2004-03-25	PEOPLE v. JESUS MORILES QUISUMBING, J.
Treachery is present when the offender commits any of the crimes against the person, 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.[36] What is decisive in treachery is that the execution of the attack made it impossible for the victim to defend himself.[37] Stated differently, the essence of treachery is the swift and unexpected attack by an aggressor on an unarmed and unsuspecting victim who does not give any slight provocation, depriving the latter of any real chance to defend himself.[38]