This case has been cited 1 times or more.
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2000-05-31 |
MENDOZA, J. |
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| However, there is evidence of treachery. Lady Angela testified that when accused-appellant entered their house, her father, younger sister and herself were all asleep on the floor in the sala of their house. Her father was lying on his stomach,[28] with his face down, and it was in that position that he was killed by accused-appellant. It was only after he had been stabbed that Asuncion was awakened. It is settled that if the victim, when killed, was sleeping[29] or had just awakened,[30] the killing is with treachery because in such cases, the victim was not in a position to put up any form of defense.[31] | |||||