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This case has been cited 3 times or more.

	GR No. 217380 2015-11-23	PEOPLE v. EDUARDO CUESTA Y ASTORGA MENDOZA, J.
In Cirera v. People[22] (Cirera), the Court disregarded the finding of treachery for failure of the prosecution to establish that the accused therein deliberately and consciously adopted the means, method and manner of execution. It ruled that:The unexpectedness of an attack cannot be the sole basis of a finding of treachery even if the attack was intended to kill another as long as the victim's position was merely accidental. The means adopted must have been a result of a determination to ensure success in committing the crime.
	GR No. 206970 2015-07-29	PEOPLE v. ANTONIO EDAÑO PEREZ, J.
(2) Deliberate or conscious adoption of such means, method, or manner of execution.[18]
	GR No. 211159 2015-03-18	PEOPLE v. MARCELINO OLOVERIO LEONEN, J.
For murder or homicide, the prosecution must also be able to prove the accused had the intent to kill.[28]