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PEOPLE v. ALFREDO ALMENDRAS

This case has been cited 5 times or more.

	GR No. 153538 2004-05-19	PEOPLE v. LOLITO ESTOYA PANGANIBAN, J.
There is treachery when the offender commits any of the crimes against persons by employing -- in the execution thereof such means, method or form that directly and specially ensures its execution without risk to the offender arising from the defense that the offended party might make.[46] Two elements must therefore concur to prove treachery: 1) the means of execution employed gives the person attacked no opportunity for self-defense or retaliation; and 2) the means of execution is deliberately or consciously adopted.[47]
	GR No. 137296 2003-06-26	PEOPLE v. DIONISIO VICENTE Y QUINTO SANDOVAL-GUTIERREZ, J.
The trial court also held that the crime committed by appellant is qualified by treachery. There is treachery when the offender commits any of the crimes against persons, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make.[50]
	GR No. 123161 2003-06-18	PEOPLE v. LIBERATO 'DUKDUK' SOLAMILLO SANDOVAL-GUTIERREZ, J.
The trial court held that the crime was committed with deliberate cruelty "considering that the victim suffered twenty-one (21) hack and stab-wounds, contusions and abrasions on the different parts of his body." The number of wounds is not the criterion for the appreciation of cruelty as an aggravating circumstance.[44] The mere fact that wounds in excess of what is necessary to cause death were inflicted upon the body of the victim does not necessarily imply that such wounds were inflicted with cruelty.[45] It is necessary to show that the accused intentionally and deliberately increased the victim's suffering. In this case, there is no evidence showing appellants' intent to commit such cruelty.
	GR No. 134121 2003-03-06	PEOPLE v. EDWIN ALCODIA Y SIMON SANDOVAL-GUTIERREZ, J.
The trial court also held that accused-appellant committed the crime of murder, as qualified by treachery. There is treachery when the offender commits any of the crimes against persons, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make.[44]
	GR No. 139528 2002-05-09	PEOPLE v. NORMAN OBORDO Y BULALAKAW KAPUNAN, J.
The trial court was also correct in ruling that the killing of Homer was attended by the qualifying circumstance of treachery. Treachery is present when the offender employs means, methods or forms in the execution of an offense which tend directly and specially to insure its execution without risk to himself arising from the challenge that the offended party might make.[34] It has two elements, to wit: (1) the employment of means of execution that gives the person attacked no opportunity to defend himself or to retaliate; and (2) the deliberate or conscious adoption of the means of execution.[35] The essence of treachery is the sudden and unexpected attack by the aggressor against the unsuspecting victim without the slightest provocation on the latter's part, depriving the latter of any real chance of defending himself.[36]