This case has been cited 1 times or more.
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2003-01-31 |
YNARES-SANTIAGO, J. |
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| Salvador's recovery from the mortal wounds due to timely medical intervention does not diminish the treacherous character of the attack because the existence or non-existence of treachery is not dependent on the success of the assault.[24] Moreover, even granting arguendo that Salvador was forewarned of the danger to his person when he saw accused-appellant approaching, treachery may still be appreciated even when the victim was forewarned of danger to his person.[25] What is decisive is that at the time the blow was struck, the victim was helpless and unable to defend himself.[26] | |||||