This case has been cited 1 times or more.
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2000-03-30 |
GONZAGA-REYES, J. |
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| As a rule, a sudden attack by the assailant, whether frontally or from behind, is treachery if such mode of attack was coolly and deliberately adopted by him,[26] with the purpose of depriving the victim of a chance to either fight or retreat.[27] The rule does not apply, however, where the sudden attack was not preconceived and deliberately adopted but was just triggered by the sudden infuriation on the part of the accused because of the provocative act of the victim,[28] or where their meeting was purely accidental.[29] | |||||