This case has been cited 2 times or more.
|
2012-04-11 |
LEONARDO-DE CASTRO, J. |
||||
| The prosecution was able to sufficiently establish the attendance of treachery in the case at bar. "It is basic in our penal law that treachery is present when the offender employs means, methods or forms which tend directly and especially to insure the execution of the crime, without risk to himself arising from the defense which the offended party might make."[43] In People v. Tan,[44] this Court expounded on the concept of treachery as follows: The essence of treachery is the sudden and unexpected attack, without the slightest provocation on the part of the person attacked. Treachery is present when the offender commits any of the crimes against persons, employing means, methods or forms in the execution thereof, which tend directly and especially to insure its execution, without risk arising from the defense which the offended party might make. In the case at bar, the attack on Magdalino Olos was treacherous, because he was caught off guard and was therefore unable to defend himself, as testified to by the prosecution witnesses and as indicated by the wounds inflicted on him.[45] | |||||
|
2007-01-30 |
AUSTRIA-MARTINEZ, J. |
||||
| According to the accused, he did not intend to kill Cariño. In turn, Cariño did not die immediately from his wounds as he still lived for around two (2) hours after his body was taken to the hospital. This fact and the fact that Cariño was hit by a hard, blunt object, convince [sic] this court that the intent of the accused to kill Cariño appears to be reasonably doubtful. . . .[25] However, the CA correctly took into consideration the post-mortem findings of the NBI medico-legal expert and his testimony that even with immediate and adequate medical attendance, the victim would not have survived due to the extensive nature of the hemorrhage suffered by the victim. The brute force employed by the petitioner contradicts the claim that he had no intention to kill the victim. The mitigating circumstance of lack of intent to commit so grave a wrong as that actually perpetrated cannot be appreciated where the acts employed by the accused were reasonably sufficient to produce and did actually produce the death of the victim.[26] | |||||