DISPOSITIVE:

“WHEREFORE, the appeal is DISMISSED. The September 30, 2016 Decision of the Court of Appeals in CA-G.R. CR-HC No. 07288, is hereby AFFIRMED.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

“We sustain the findings of the trial court and the appellalc court that treachery attended the commission of the crlme. Treachery is present when the following elements are present: (a) the employment of means, methods or manner of execution to ensure the safoly of the offender from defensive or retaliatory ads of the victim and (b) the deliberate adoption by the offender of such means, methods or manner of execution. The essence of treachery is the sudden and unexpected attack by an aggressor on an unsuspecting victim who gave no provocation,25 without affording the latter any real chance to defend hlmself and thereby ensuring the commission of the crime without risk to the aggressor.26”

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