This case has been cited 1 times or more.
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2015-07-29 |
MENDOZA, J. |
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| In People v. Villalba,[20] the Court held that the suddenness of the attack, the infliction of the wound from behind the victim, the vulnerable position of the victim at the time the attack was made, or the fact that the victim was unarmed, do not by themselves render the attack as treacherous. The means employed for the commission of the crime or the mode of attack must be shown to have been consciously or deliberately adopted by the accused to ensure the consummation of the crime and at the same time, eliminate or reduce the risk of retaliation from the intended victim.[21] | |||||