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Miguel Cirera y Ustelo Vs. People of the Philippines

MIGUEL CIRERA y USTELO, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 181843 | 2014-07-14

THIRD DIVISION
 
DECISION

LEONEN,J.:
 
Treachery as a qualifying circumstance must be deliberately sought to ensure the safety of the accused from the defensive acts of the victim. Unexpectedness of the attack does not always equate to treachery.

We are asked to decide on a petition for review on certiorari 1 of the Court of Appeals' decision2 dated November 20, 2007 and the Court of Appeals’ resolution3 dated February 18, 2008. The Court of Appeals affirmed the Regional Trial Court’s decision4 dated July 2, 2004 that found petitioner guilty of two (2) counts of frustrated murder and...