This case has been cited 2 times or more.
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2000-05-31 |
GONZAGA-REYES, J. |
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| The remaining issue for us to resolve, although not raised as an assignment of error, is whether treachery attended the killing of Jesus Sidayon. The requisites for appreciating treachery as a qualifying circumstance to murder are: (1) the means of execution were such that the victim was given no opportunity to defend himself, and (2) such means were deliberately or consciously adopted.[29] The essence of treachery is that the attack is deliberate and without warning,[30] ensuring the offender's safety from the defensive or retaliatory attack of the victim.[31] | |||||
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2000-05-04 |
PARDO, J. |
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| However, civil indemnity is automatically awarded to the heirs of the victim without need of proof other than the fact of commission of the crime.[34] Thus, we award the amount of fifty thousand pesos (P50,000.00) as civil indemnity for the death of Elito Pajanustan, in line with current jurisprudence.[35] | |||||