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Rustia Jr. etc. vs. People

BENJAMIN RUSTIA, JR., BENJAMIN RUSTIA, SR., AND FAUSTINO "BONG" RUSTIA, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

G.R. No. 208351 | 2016-10-05

D E C I S I O N
 
BERSAMIN, J.:
 
In a criminal prosecution for murder qualified by the attendant circumstance of treachery, the means, method, or form of the attack must be shown to have been consciously and deliberately adopted by the offender before the same can be considered to qualify the killing. Otherwise, the killing amounts only to homicide.
 
The Case

This appeal is taken by all the accused from the decision promulgated on July 16, 2013 in CA-G.R. CR-H.C. No. 04864,[1] whereby the Court of Appeals (CA) affirmed with modification the judgment rendered on November 25, 2010 by the Regional Trial Court (RTC) in Santiago City...