This case has been cited 1 times or more.
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2007-08-31 |
YNARES-SANTIAGO, J. |
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| We agree with the Court of Appeals that treachery did not attend the commission of the crime. 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 especially to ensure the execution of the crime without risk to himself from any defense which the victim might make. It must be clearly shown that the method of assault adopted by the aggressor was deliberately chosen to accomplish the crime without risk to the aggressor.[12] Thus, the Court ruled that:The impulsive stabbing followed a brief argument x x x. While the attack may have been sudden, the circumstances show that the casual, brief, and tension-filled encounter did not afford the accused-appellant an opportunity to plan and deliberately adopt the method of assault as to accomplish the crime without risk to himself. He simply used whatever weapon he had on hand. To our mind, therefore, treachery cannot be appreciated.[13] | |||||