This case has been cited 3 times or more.
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2004-02-26 |
CORONA, J. |
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| 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 insure its execution, without risk to the offender, arising from the defense which the offended party might make. The essence of treachery is the sudden and unexpected attack without the slightest provocation on the part of the person being attacked.[11] In this case, it was evident that Edgardo was not aware that he would be attacked by appellant. There was no opportunity for Edgardo to defend himself as appellant unexpectedly struck him with the bolo after uttering words that caught the attention of the victim. Although the attack was frontal, it was so sudden and gave the unarmed and unsuspecting victim no chance to defend himself against the fatal blow. And even if the victim had the chance to defend himself, it must be noted that he was drunk, rendering him even more powerless to shield himself from appellant's attack. Clearly, Edgardo's defenses were down when appellant stabbed him with the bolo. | |||||
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2003-09-11 |
CORONA, J. |
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| We likewise agree that treachery attended the commission of the crime. There is treachery when the offender commits any of the crimes against persons, employing means or methods in the execution thereof which tend directly and specially to insure its execution, without risk to the offender, arising from the defense which the offended party might make. The essence of treachery is the sudden and unexpected attack without the slightest provocation on the part of the person being attacked. [39] In this case, the events narrated by the eyewitnesses point to the fact that Tumayao could not have been aware that he would be attacked by appellants. There was no opportunity for Tumayao to defend himself as appellants, suddenly and without any provocation, fired their guns at him, one after the other. | |||||
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2003-02-12 |
CORONA, J. |
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| There is treachery when the offender commits any of the crimes against persons, employing means and method or forms in the execution thereof which tend directly and especially to insure its execution, without risk to the offender, arising from the defense which the offended party might make. The essence of treachery is the sudden and unexpected attack without the slightest provocation on the part of the person being attacked.[36] Gelvero and Flores could not have been aware that they would be attacked by appellant. There was no opportunity for either Gelvero or Flores to defend themselves as appellant suddenly fired his gun at Gelvero. Nor was Flores in a position to defend himself as appellant also shot him immediately thereafter. | |||||