This case has been cited 1 times or more.
|
2006-10-30 |
TINGA, J. |
||||
| In qualifying the crime to murder, the trial court correctly appreciated the circumstance of treachery. For treachery to be considered, two (2) elements must concur: (a) the employment of means of execution that give the person attacked no opportunity to defend himself or retaliate; and (b) the means of execution were deliberately or consciously adopted.[65] Treachery clearly attended the killing as Ladaga, pinned down by Taan, was tipsy when he was killed, and thus was enfeebled and did not have full control of his senses.[66] Previously, Ladaga's hands had been tied and his forehead had been struck with a stone.[67] With Marquez carrying a shovel and Taan armed with a gun, the unarmed, weakened Ladaga was clearly defenseless. The essence of treachery is that the attack comes without warning and in a swift, deliberate and unexpected manner, affording the hapless, unarmed and unsuspecting victim no chance to resist or to escape.[68] | |||||