This case has been cited 1 times or more.
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2008-12-04 |
CHICO-NAZARIO, J. |
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| This argument is misplaced. The rule which ordains that there was no treachery if the victim was placed on guard, such as when a heated argument preceded the attack, can only apply when the contending parties to the squabble are the victim and the assailant.[39] In this case, as testified to by Eduardo, it was the victim and Nestor who were allegedly engaged in a heated argument. Nestor was not one of the victim's attackers. Had the victim verbally clashed with Joseph and Eduardo immediately prior to the stabbing, treachery would have been out of the picture. But such is not the case here. | |||||