This case has been cited 3 times or more.
|
2008-09-17 |
QUISUMBING, J. |
||||
| The essence of treachery is the sudden and unexpected attack, without the slightest provocation on the part of the person attacked. There is treachery when the attack on the victim was made without giving the latter warning of any kind and thus rendering him unable to defend himself from an assailant's unexpected attack.[24] | |||||
|
2004-06-08 |
YNARES-SATIAGO, J. |
||||
| The attack on Victoriano is likewise unexpected since he was still reeling from the shock at having witnessed the stabbing of Felipe. It must also be noted that Victoriano was 81 years old at the time of the stabbing and his reflexes were worn down by age and by the alcohol he had consumed. Hence, he was not in a position to ward off the attack. The same may be said of the attacks on William Tacaldo and Juan Florencio. While it is true that Tacaldo and Florencio noticed the commotion moments before they were attacked, this fact alone does not rule out the presence of treachery. We have held that while a victim may have been warned of possible danger to his person, in treachery, what is decisive is that the attack was executed in such a manner as to make it impossible for the victim to retaliate.[29] The case at bar typifies this doctrine for Tacaldo and Florencio had no opportunity to defend themselves precisely because they did not expect to be the subject of any further attack by appellant. Thus, from the evidence adduced, the stabbing, although frontal, was so unexpected and sudden that it left the victims, all unarmed, with no opportunity to put up a defense.[30] | |||||
|
2000-02-22 |
BELLOSILLO, J. |
||||
| The witnesses' relationship to the victim does not automatically affect the veracity of their testimonies. No legal provision disqualifies relatives of the victim of a crime from testifying if they are competent. That the prosecution's eyewitnesses were the widow and son of the deceased, without more, is not reason enough to disregard and label their testimonies as biased and unworthy of credence. Plainly, relationship did not affect their credibility.[4] This Court is well aware that not too infrequently crimes are committed with just the relatives of the victim as witnesses.[5] | |||||