This case has been cited 1 times or more.
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2015-01-12 |
PERALTA, J. |
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| In this particular case, there was no treachery. There is treachery when the offender commits any of the crimes against persons, employing means, methods, or forms in the execution, which tend directly and specially to insure its execution, without risk to the offender arising from the defense which the offended party might make. The essence of treachery is that the attack comes without a warning and in a swift, deliberate, and unexpected manner, affording the hapless, unarmed, and unsuspecting victim no chance to resist or escape. For treachery to be considered, two elements must concur: (1) the employment of means of execution that gives the persons attacked no opportunity to defend themselves or retaliate; and (2) the means of execution were deliberately or consciously adopted.[21] From the facts proven by the prosecution, the incident was spontaneous, thus, the second element of treachery is wanting. The incident, which happened at the spur of the moment, negates the possibility that the petitioners consciously adopted means to execute the crime committed. There is no treachery where the attack was not preconceived and deliberately adopted but was just triggered by the sudden infuriation on the part of the accused because of the provocative act of the victim.[22] | |||||