Case Compilation
Case Compilation
Case Compilation
In the case before Us, the accused-appellant went home after taking a stroll and after buying after
buying cigarettes, then he took the knife from his residence and used same to kill the victim. 1
2. the conviction of accused-appellant Edgar but for the crime of Homicide, instead of Murder, as
the qualifying circumstances of treachery and evident premeditation were not present in the
killing of the victim Leonora.2
3. It was the position of the accused-appellants that Jocelyn failed to elucidate who were the actual
perpetrators and how the alleged crimes were carried out. The petitioners claimed that the tales of
the events were all speculations and self-serving perceptions.3
4. Macaspac had suddenly attacked the completely unarmed and defenseless Jebulan; and that
Macaspac did not thereby give Jebulan the opportunity to retaliate, or to defend himself, or to
take flight, or to avoid the deadly assault.4
5. The records show that Alex was indicted for murder qualified by treachery and evident
premeditation. There is treachery or alevosia when the offender commits any of the crimes
against persons, employing means, methods or forms which tend directly and specially to ensure
its execution, without risk to himself arising from the defense which the offended party might
make. "The essence of treachery is that the attack comes without a warning and in a swift,
deliberate, and unexpected manner, affording the hapless, unarmed, and unsuspecting victim no
chance to resist or escape the sudden blow." A frontal attack may be regarded as treacherous
when it was so sudden on an unsuspecting, or an unarmed victim, who had no chance to repel the
attack or avoid it.5
1
People v. Caritero, G.R. No. 218945, December 13, 2017, available at
https://www.lawphil.net/judjuris/juri2017/dec2017/gr_218945_2017.html - rnt11(last visited June 04, 2021)
2
People v. Ferreras, G.R. No. 230221, April 10, 2019, available at
https://lawphil.net/judjuris/juri2019/apr2019/gr_230221_2019.html (last visited June 04, 2021)
3
People v. Sota, Gadjadli, G.R. No. 203121, November 29, 2017, available at
https://lawphil.net/judjuris/juri2017/nov2017/gr_203121_2017.html (last visited June 04, 2021)
4
People v. Isip, G.R. No. 198954, February 22, 2017, available at
https://lawphil.net/judjuris/juri2017/feb2017/gr_198954_2017.html (last visited June 04, 2021)
5
People v. Abierra, G.R. No. 227504, June 13, 2018, available at
https://www.chanrobles.com/cralaw/2018junedecisions.php?id=552 (last visited June 04, 2021)