This case has been cited 3 times or more.
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2004-05-27 |
QUISUMBING, J. |
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| The essence of treachery is the sudden and unexpected attack by the aggressor against the unsuspecting victim without the slightest provocation on the latter's part, thus depriving the latter of any real chance of defending himself.[57] Otherwise stated, there is treachery when the following conditions concur: (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 was deliberately or consciously adopted.[58] | |||||
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2003-12-11 |
PANGANIBAN, J. |
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| In this case, treachery was already present when the three accused emerged from the talahiban -- one of them armed with a scythe and another, with a piece of wood -- and suddenly attacked the victim. He and his companions were vulnerable to the attack. Due to its suddenness, the members of his group were not able to do anything. As they themselves testified later, they were shocked by its viciousness. Its suddenness and the absence of the slightest provocation from the victim -- who was unarmed and had no opportunity to repel the aggression or defend himself -- necessarily qualifies the crime with treachery.[66] | |||||
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2003-03-28 |
CORONA, J. |
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| As to the award of moral damages which the trial court properly awarded to the wife and family of Dioscoro Abonales for the pain and anguish they suffered,[51] we increase it to P50,000 in conformity with existing jurisprudence.[52] | |||||