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Lex Traditia |
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Aggravating Circumstance of Treachery, What Constitutes. To constitute treachery, two conditions must concur: (1) the employment of means of execution which tend directly and specially to insure the accomplishment of the crime without risk to the assailant arising from the defense the victim might make; and (2) a deliberate or conscious adoption of the means of execution. When a victim is unexpectedly attacked from behind, depriving him of any opportunity to defend himself, undeniably there is alevosia. The essence of treachery is that the attack is deliberate and without warning, done in a swift and unexpected manner, affording the hapless, unarmed and unsuspecting victim no chance to resist or escape. (PEOPLE vs. LAB-EO, G. R. No. 133438, January 16, 2002) Enter here for complete text. Download Supreme Court of the Philippines Jurisprudence here. Download Philippine Laws, Issuances and Circulars here. EO 52, PD 46, PD 1602, PD 1613, RA 7796, RA 7844, RA 7975, RA 8369, RA 8533, RA 8552,
RA 8559, RA 8560, RA 8791, RA 9225, RA 9255,
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