This case has been cited 1 times or more.
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2002-09-17 |
BELLOSILLO, J. |
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| kadta a!" meaning "Wait, I will come back!" which the deceased took seriously, as he did confront Michael Tadeo when he returned, shows convincingly that the victim was not unprepared nor stunned to see accused-appellant wielding a gun and firing at him. The element of a sudden unprovoked attack indicative of treachery was therefore missing.[10] Similarly, we reverse the finding of the trial court that the attack against Florencia Cabatu was sudden and unforeseen. It bears stressing that the crime against her happened when accused-appellant was highly intoxicated and seething with anger against his perceived | |||||