This case has been cited 2 times or more.
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2003-07-03 |
YNARES-SANTIAGO, J. |
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| The essence of treachery is a deliberate and sudden attack, affording the hapless, unarmed and unsuspecting victim no chance to resist or to escape.[20] Treachery may be committed even if the attack is frontal, but no less sudden and unexpected, giving the victim no opportunity to repel it or offer any defense to his person.[21] Treachery may still be appreciated even when the victim was forewarned of the danger to his person. What is decisive is that the execution of the attack made it impossible for the victim to defend himself or to retaliate.[22] | |||||
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2003-04-30 |
CALLEJO, SR., J. |
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| It is axiomatic in criminal jurisprudence that when the issue is one of credibility of witnesses, an appellate court will normally not disturb the factual findings of the trial unless the lower court has reached conclusions that are clearly unsupported by evidence, or unless it has overlooked some facts or circumstances of weight and influence which, if considered, would affect the result of the case.[10] The rationale for this rule is that trial courts have superior advantages in ascertaining the truth and in detecting falsehood as they have the opportunity to observe at close range the manner and demeanor of witnesses while testifying.[11] | |||||