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PEOPLE v. REGIE LABIAGA

This case has been cited 1 times or more.

2015-08-05
PEREZ, J.
In the case at bar, treachery is evident. For one, "[t]he use of a xxx shotgun against [an] unarmed [victim] is undoubtedly treacherous, as it denies the [victim] the chance to fend off the offender."[44] For another, the fact that accused-appellant hid first and then blindsided the victim shows his conscious effort to adopt a deliberate attack which affords no warning to the victim.