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People vs. Macaspac

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RODRIGO MACASPAC Y ISIP, ACCUSED-APPELLANT.

G.R. No. 198954 | 2017-02-22

THIRD DIVISION
D E C I S I O N
 
BERSAMIN, J.:
 
When the victim was alerted to the impending lethal attack due to the preceding heated argument between him and the accused, with the latter even uttering threats against the former, treachery cannot be appreciated as an attendant circumstance. When the resolve to commit the crime was immediately followed its execution, evident premeditation cannot be appreciated. Hence, the crime is homicide, not murder.
 
The Case

Rodrigo Macaspac y Isip (Macaspac) hereby seeks to reverse the decision promulgated on April 7, 2011,[1] whereby the Court of Appeals (CA), in CA-G.R. CR HC...