You're currently signed in as:
User

PEOPLE v. JOEL SOLAYAO

This case has been cited 3 times or more.

2004-05-27
PER CURIAM
A review of the records supports the conclusion of the trial court on the presence of treachery, which qualified the crime to murder. For treachery to be appreciated, two elements must concur: (1) the means of execution employed gave the person attacked no opportunity to defend himself or retaliate; and (2) the means of execution was deliberately or consciously adopted.[30]
2003-10-27
PER CURIAM
For treachery to be appreciated, the offender must have employed means, methods, or forms in the execution of any of the crimes against persons that tend directly and especially to ensure its execution without risk to himself arising from the defense which the offended party might make.[33] Two elements must concur: (1) the means of execution employed gives the person attacked no opportunity to defend himself or retaliate; and (2) the means of execution was deliberately or consciously adopted.[34]
2003-03-28
DAVIDE JR., C.J.
We also agree with the OSG and the trial court on the finding of treachery. There is treachery when the offender employs means, methods, or forms in the execution of any of the crimes against persons that tend directly and especially to ensure its execution without risk to himself arising from the defense which the offended party might make.[40] Two elements must therefore concur: (1) the means of execution employed gives the person attacked no opportunity to defend himself or retaliate; and the (2) the means of execution was deliberately or consciously adopted.[41]