This case has been cited 1 times or more.
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2004-01-20 |
QUISUMBING, J. |
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| Alevosia or treachery exists when the offender commits any of the crimes against persons which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.[54] For treachery to be appreciated, the prosecution has the burden to prove that: (a) at the time of the attack, the victim was not in a position to defend himself; and (b) the offender consciously adopted the particular means, method, or form of attack employed by him.[55] We find that both elements have been proven in this case. | |||||