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PEOPLE v. OSCAR PEREZ

This case has been cited 3 times or more.

	GR No. 147220 2004-06-09	PEOPLE v. JESUS AQUINO Y DIMACALI CALLEJO, SR., J.
What is clear after our review of the records is that the appellant and the victim were engaged in a quarrel, a heated argument which culminated in the appellant's stabbing the victim in the heat of anger. As a rule, there can be no treachery when an altercation ensued between the appellant and the victim.[22]
	GR No. 147196 2004-06-04	PEOPLE v. EDGAR DUMADAG Y CAGADAS CALLEJO, SR., J.
Treachery is not presumed.[34] Treachery must be proven as clearly and as cogently as the crime itself.[35] There is treachery (alevosia) when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.[36] Two conditions must concur for treachery to be present, viz: (1) the employment of means of execution that gives the person attacked no opportunity to defend himself or to retaliate; and, (2) the said means of execution were deliberately or consciously adopted.[37] Treachery cannot be appreciated if it has not been proved beyond reasonable doubt that the assailant did not make any preparation to kill the victim in such a manner as to insure the killing or to make it impossible or difficult for the victim to defend himself.[38] The prosecution must prove that the killing was premeditated or that the assailant chose a method of attack directly and specially to facilitate and insure the killing without risk to himself.[39] The mode of attack must be planned by the offender and must not spring from the unexpected turn of events.[40]
	GR No. 141087 2004-03-31	PEOPLE v. ABRAHAM AGSALOG CARPIO MORALES, J.
The records show that the day after the stabbing of the victim or on October 6, 1997, Ulyses Soto (Soto),[8] Edwin[9] and Aquino[10] gave their respective sworn statements before the local police authorities on what they witnessed, the substance of which statements Soto and Edwin were later to echo at the witness stand.