This case has been cited 1 times or more.
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2001-04-16 |
MENDOZA, J. |
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| The essence of treachery is the sudden and unexpected attack by an aggressor on an unsuspecting victim depriving the latter of any real chance to defend himself and thereby ensuring without risk to the aggressor the commission of the crime.[51] To prove the presence of treachery, the following must be established: (a) the employment of means of execution that gives the person attacked no opportunity to defend himself or retaliate and (b) the means of execution were deliberately or consciously adopted.[52] Contrary to accused-appellants' contention, the evidence in the record shows that they employed treachery in killing Romulo Cañete, qualifying the killing as murder. | |||||