This case has been cited 2 times or more.
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2003-10-23 |
CALLEJO, SR., J. |
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| For evident premeditation to be appreciated, it is necessary that the prosecution must prove the following elements: (1) the time when the accused decided to commit the crime; (2) an overt act showing that the accused clung to their determination to commit the crime; and (3) the lapse of a sufficient period of time between the decision and the execution of the crime, to allow the accused to reflect upon the consequences of the act.[50] And like other qualifying circumstances, the elements of evident premeditation must be established with equal certainty and clarity as the criminal act itself before it can be appreciated as a qualifying circumstance.[51] None of these elements could be gathered from the evidence on record. The appellant shot the victim shortly after their altercation. There was no evidence that the appellant had sufficient time to reflect on the consequence of killing the victim. | |||||
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2003-03-14 |
AZCUNA, J. |
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| The essence of treachery is the unexpected and sudden attack on the victim which renders the latter unable and unprepared to defend himself by reason of the suddenness and severity of the attack.[27] This criterion applies, whether the attack is frontal or from behind. Even a frontal attack could be treacherous when unexpected and on an unarmed victim who would be in no position to repel the attack or avoid it.[28] The fact that the location of the fatal stab wound is in front does not in itself negate treachery.[29] In the case at bar, it was established that appellant came from behind, went towards the right of the victim, and suddenly stabbed the victim's chest while holding the latter's left shoulder. Evidence shows that, first, at the time of attack, the victim was not in a position to defend himself, as he was unarmed and totally unsuspecting when appellant suddenly held and stabbed him; and second, appellant consciously and deliberately adopted the particular means of attack, as he was seen surreptitiously following the victim with a balisong tucked under his waist. Clearly therefore, treachery attended the crime. | |||||