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People vs. Dela Peña

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RICO DELA PEÑA,* ACCUSED-APPELLANT.

G.R. No. 238120 | 2020-02-12

SECOND DIVISION
 
D E C I S I O N
 
INTING, J.:
 
Treachery attends the killing where the accused attacks the victim while the latter is asleep and unable to defend himself. Absolutely, a sleeping victim is not in a position to defend himself, take flight or otherwise avoid the assault, thus ensuring that the crime is successfully executed without any risk to the attacker.[1]

The Court is now asked to decide on Appeal[2] the Decision[3] dated October 30, 2017 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 02163, which affirmed the Judgment[4] dated October 28, 2015 ofBranch 45, Regional Trial Court (RTC), Bais...