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PEOPLE v. DIONEL MEREN Y MAIQUE

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GR No. 152618
2004-08-12
JOHNNY REY TUBURAN v. PEOPLE
QUISUMBING, J.
To constitute treachery or alevosia, two conditions must be present, namely, (1) employment of means of execution that gives no opportunity for the victim to defend himself or to retaliate; and (2) the means of execution were deliberately or consciously adopted.[25] The mere fact that the victim was stabbed from behind does not necessarily establish treachery where it does not appear that the accused purposely chose to employ such means or mode of attack.[26]