This case has been cited 1 times or more.
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2000-05-31 |
BELLOSILLO, J. |
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| In his brief, the accused attempts to exculpate himself by citing People v. Magsombol[22] where the Court held that no treachery attended the commission of the crime without submission of evidence that the accused consciously and deliberately adopted his mode of attack to insure execution without risk to himself. He argues that the mere suddenness of an attack would not by itself constitute treachery, hence, for failure to prove such qualifying circumstance the crime committed should only be homicide. | |||||