This case has been cited 2 times or more.
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2013-07-15 |
CARPIO, J. |
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| Treachery was correctly appreciated by the RTC and CA-Cebu. A treacherous attack is one in which the victim was not afforded any opportunity to defend himself or resist the attack.[17] The existence of treachery is not solely determined by the type of weapon used. If it appears that the weapon was deliberately chosen to insure the execution of the crime, and to render the victim defenseless, then treachery may be properly appreciated against the accused.[18] | |||||