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PEOPLE vs Wilbert Cabareno

PEOPLE OF THE PHILIPPINES, appellee, vs. WILBERT CABARENO, appellant.

G.R. No. 138645 | 2001-01-16

D E C I S I O N

PANGANIBAN, J.:

Treachery is appreciated when it is shown that an assailant deliberately and consciously adopted a means of attack without risk to himself. In the present case, it was not shown that the attack had been deliberately adopted, or that it had entailed no risk to appellant.

The Case

Wilbert Cabareño appeals the November 23, 1998 "Judgment"[1] of the Regional Trial Court (RTC) of Iloilo City in Criminal Case No. 48852, finding him guilty beyond reasonable doubt of murder and sentencing him to reclusion perpetua.

In an Information dated January 20, 1998, Second Assistant Provincial Prosecutor Portia T....