This case has been cited 1 times or more.
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2004-06-08 |
YNARES-SATIAGO, J. |
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| In the case at bar, the trial court correctly appreciated the element of treachery that attended the stabbing incident. Indeed, the essence of treachery is the swift and unexpected attack on an unarmed victim without the slightest provocation on the part of the victim.[28] As recounted by the witnesses, victims Victoriano and Felipe were drinking with two other persons when appellant approached them asking for a glass of "tuba". The group graciously accommodated appellant and gave him a drink. There is nothing in the records to conclusively show that the stabbing was preceded by an altercation or that any of the victims gave the slightest provocation. Although Felipe was seated among his friends at the time he was stabbed, this did not afford him any protection since his companions were likewise caught off-guard by the suddenness of the unprovoked attack. Moreover, appellant's act of putting his right arm around Felipe's shoulder right before stabbing Felipe ensured that his victim would not be able to dodge his attack. By whispering "Pinaskuhan nako nimo ni, Brod." (This is my Christmas gift to you, Brod.), appellant displayed a consciousness of action uncharacteristic of one who is mentally ill as the defense would like to portray him. | |||||