This case has been cited 3 times or more.
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2011-03-16 |
VELASCO JR., J. |
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| To prove treachery, the following must be clearly established: (1) the employment of such means of execution as would give the person attacked no opportunity for self-defense and retaliation; and (2) the deliberate and conscious adoption of the means of execution.[50] The essence of treachery is "the sudden and unexpected attack by the aggressor on the unsuspecting victim, depriving the latter of any real chance to defend oneself, ensuring the attack without risk to the aggressor, and without the slightest provocation on the part of the victim."[51] | |||||
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2009-10-09 |
BRION, J. |
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| In People v. Vallespin,[53] we explained: The essence of treachery is the sudden and unexpected attack by the aggressor on the unsuspecting victim, depriving the latter of any real chance to defend himself, thereby ensuring its commission without risk to the aggressor and without the slightest provocation on the part of the victim. It can exist even if the attack is frontal, if it is sudden and unexpected, giving the victim no opportunity to defend himself against such attack. In essence, it means that the offended party was not given an opportunity to make a defense. | |||||
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2009-10-02 |
BRION, J. |
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| In People v. Vallespin,[91] we explained:The essence of treachery is the sudden and unexpected attack by the aggressor on the unsuspecting victim, depriving the latter of any real chance to defend himself, thereby ensuring its commission without risk to the aggressor and without the slightest provocation on the part of the victim. It can exist even if the attack is frontal, if it is sudden and unexpected, giving the victim no opportunity to defend himself against such attack. In essence, it means that the offended party was not given an opportunity to make a defense. | |||||