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"the evidence of the prosecution has established the qualifying aggravating

circumstance of treachery because the accused deliberately perpetrated a surprise


and sudden assault on the unarmed victim without giving him a chance to defend
himself."
FROM G.R. No. L-38016 September 10, 1981
PEOPLE OF THE PHILIPPINES, plaintiff-appellate, vs. FELICIANO MU�OZ and JUSTO
MILLORA, Defendants-Appellants.
"It is elementary hornbook knowledge that there is treachery when the offender
commits any of the crimes against persons 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."
FROM G.R. No. 95320 September 4, 1991
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
BALTAZAR LACAO, SR., PATRIA LACAO and TRINIDAD LACAO MANSILLA, accused-appellants.
It is not necessary that the information should use specifically the word
"alevosia" or treachery. It is sufficient if the information alleges facts in clear
and explicit language which would show treachery or alevosia without the use of the
specific word.
"The attack was sudden, unexpected, without warning, and without giving the victim
an opportunity to defend himself or repel the aggression. In fact, the deceased did
not sense any danger that he would be shot by the defendant-appellant as there was
no previous grudge or misunderstanding between them."
FROM G.R. No. 80089 April 13, 1989
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
SATURNINO REY, defendant-appellant.
"It is well-settled that treachery as a qualifying circumstance should be proven
fully as the crime itself and cannot be simply deduced from presumption.47 To
constitute treachery, two conditions must concur: (1) it must be shown that at the
time of the attack, the victim was not in a position to defend himself; and (2)
that the offender consciously adopted the particular means, method or form of
attack employed by him."
from G.R. No. 142996 July 11, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
ORLANDO JAVIER, accused-appellant.
"To properly appreciate such circumstance, it is necessary to prove: (1) the time
when the offender determined to commit the crime; (2) an act manifestly indicating
that the culprit had clung to his determination; and (3) a sufficient interval of
time between the determination and the execution of the crime to allow him to
reflect upon the consequences of his acts."
from G.R. No. L-68459. March 4, 1986.]
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FLORENCIO ESTILLORE y RABINA,
Accused-Appellant.
"But treachery does not connote the element of surprise alone, but exists when the
offender employs means, methods, or forms which tend directly and specially to
insure the execution of the offense, without risk to himself arising from the
defense which the offended party might make (Art. 14, par. 16, Revised Penal Code).
When appellant accosted his victim, who could have had no idea as to just how the
threat to him would be carried out, and without warning shot him five times,
nothing could possibly have been done by the latter in his own defense."
from [G.R. No. L-18033. July 26, 1966.]
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MACARIO CASALME, Defendant-
Appellant.

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