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People vs. Magallano

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. NADY MAGALLANO, JR. Y FLORES AND ROMEO TAPAR Y CASTRO, ACCUSED-APPELLANTS.

G.R. No. 220721 | 2018-12-10

DECISION
 
LEONEN, J.:
 
"The essence of treachery is the swift and unexpected attack on the unarmed victim without the slightest provocation on his part."[1] For treachery to be appreciated as a qualifying circumstance, two (2) things must be proven: (1) that during the attack, the victim could not have defended himself or herself from the offender; and (2) that the offender deliberately chose a form of attack which would render him or her immune from risk or retaliation by the victim.[2]

For this Court's resolution is an Ordinary Appeal from the December 12, 2014 Decision[3] of the Court of Appeals in CA-G.R....