This case has been cited 1 times or more.
|
2002-07-23 |
QUISUMBING, J. |
||||
| might make.[42] It is settled that there is treachery if the victim, when killed, was sleeping[43] or had just awakened,[44] because in such cases the victim was in no position to put up any form of defense. However, the prosecution must still establish how the attack commenced.[45] When Mrs. Bates went out of the house to call Danilo, she saw appellant already attacking her son who was lying on the bench. She claimed that her son was sleeping, but presented no evidence to show that he was actually asleep when attacked and thus had no opportunity to defend himself. Where no particulars are known regarding the manner in which the aggression was made or how the act which resulted in the victim's death began and developed, it cannot be established from mere supposition that the accused perpetrated the killing with treachery.[46] Any doubt as to the existence of the treachery must be resolved in favor of the accused.[47][47] Note that the information also alleged "evident premeditation." Our perusal of the records, however, fails to disclose any factual basis for the aggravating circumstance of evident premeditation. Evident premeditation may not be appreciated where there is no proof as to how | |||||