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People vs. Dela Cruz

People of the Philippines Vs. Noellito* Dela Cruz y Deplomo

G.R. No. 227997 | 2019-10-16

DECISION
 
ZALAMEDA, R.V., J.:
 
The mere suddenness of an attack does not necessarily equate to treachery. The accused must have knowingly, deliberately, and consciously adopted the means or method to ensure the execution of his criminal purpose without risk to himself arising from the defense which the victim might offer, for the same to be appreciated as a qualifying circumstance.
 
The Case
 
This appeal seeks the reversal of the Decision dated 12 November 20151 of the Court of Appeals in CA-G.R. CR-HC No. 06689, which affirmed with modification the Decision dated 30 July 20132 of Branch 150, Regional Trial Court (RTC),...