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PEOPLE v. ADRIANO ARCA

This case has been cited 3 times or more.

2008-06-18
REYES, R.T., J.
Article 14(6) of the Revised Penal Code provides that 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."[49]
2004-03-25
QUISUMBING, J.
Treachery is present 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] What is decisive in treachery is that the execution of the attack made it impossible for the victim to defend himself.[37] Stated differently, the essence of treachery is the swift and unexpected attack by an aggressor on an unarmed and unsuspecting victim who does not give any slight provocation, depriving the latter of any real chance to defend himself.[38]
2004-01-20
QUISUMBING, J.
Appellants advance not a single reason why Catalina would falsely accuse them or implicate them in so terrible a wrong. Where there is nothing to indicate that a witness was actuated by improper motives, his or her positive declarations on the witness stand, made under solemn oath, deserve full faith and credence.[61]