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PEOPLE v. SPO1 EDUARDO ANCHETA Y RODIGOL

This case has been cited 3 times or more.

	GR No. 153538 2004-05-19	PEOPLE v. LOLITO ESTOYA PANGANIBAN, J.
There is treachery when the offender commits any of the crimes against persons by employing -- in the execution thereof such means, method or form that directly and specially ensures its execution without risk to the offender arising from the defense that the offended party might make.[46] Two elements must therefore concur to prove treachery: 1) the means of execution employed gives the person attacked no opportunity for self-defense or retaliation; and 2) the means of execution is deliberately or consciously adopted.[47]
	GR Nos. 147674-75 2004-03-17	PEOPLE v. ANACITO OPURAN DAVIDE JR., C.J.
been suffering from a chronic mental disease that affected his intelligence and willpower for quite a number of years prior to the commission of the act he was being held for.[62] The situation does not exist in the cases at bar. It was only in 2000 that Anacito was diagnosed as "psychotic" with flight of ideas and auditory hallucinations and was found to be schizophrenic. There is nothing on record that he had these symptoms the previous years or at the time he stabbed the victim. Curiously, Dr. Verona did not make a diagnosis of schizophrenia in her report, only at the witness stand. We agree with the trial court that treachery cannot be appreciated as far as the killing of Allan is concerned because the sole eyewitness did not see the commencement of the assault.[63] For treachery to be considered, it must be present and seen by the
	GR No. 137497 2004-02-05	PEOPLE v. CHARLES JOY FLORES SANDOVAL-GUTIERREZ, J.
There is treachery 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.[18] Two (2) conditions must concur for treachery to exist, namely: (a) the employment of means of execution that gave the person attacked no opportunity to defend himself or to retaliate; and (b) the means or method of execution was deliberately and consciously adopted.[19] Both these circumstances must be proved as indubitably as the crime itself.