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    PEOPLE V Flores

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    Claribel Domingo Bayani
    Lyndon Flores kicked Manuel Lazarte twice in the stomach while Lazarte was lying unconscious and drunk on the pavement. Lazarte was unable to defend himself and died two days later in the hospital. Flores claimed he was only trying to wake Lazarte up to ask about a lost cassette recorder. The court ruled that Flores' attack was treacherous, as Lazarte was totally defenseless, and convicted Flores of homicide rather than murder. Treachery was present because Flores committed the crime without any risk to himself from any defense Lazarte could have made while unconscious.

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    PEOPLE V Flores

    Uploaded by

    Claribel Domingo Bayani
    257 views1 page
    Lyndon Flores kicked Manuel Lazarte twice in the stomach while Lazarte was lying unconscious and drunk on the pavement. Lazarte was unable to defend himself and died two days later in the hospital. Flores claimed he was only trying to wake Lazarte up to ask about a lost cassette recorder. The court ruled that Flores' attack was treacherous, as Lazarte was totally defenseless, and convicted Flores of homicide rather than murder. Treachery was present because Flores committed the crime without any risk to himself from any defense Lazarte could have made while unconscious.

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    case digest of criminal law

    Original Title

    PEOPLE v Flores

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    Lyndon Flores kicked Manuel Lazarte twice in the stomach while Lazarte was lying unconscious and drunk on the pavement. Lazarte was unable to defend himself and died two days later in the hospital. Flores claimed he was only trying to wake Lazarte up to ask about a lost cassette recorder. The court ruled that Flores' attack was treacherous, as Lazarte was totally defenseless, and convicted Flores of homicide rather than murder. Treachery was present because Flores committed the crime without any risk to himself from any defense Lazarte could have made while unconscious.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    257 views1 page

    PEOPLE V Flores

    Uploaded by

    Claribel Domingo Bayani
    Lyndon Flores kicked Manuel Lazarte twice in the stomach while Lazarte was lying unconscious and drunk on the pavement. Lazarte was unable to defend himself and died two days later in the hospital. Flores claimed he was only trying to wake Lazarte up to ask about a lost cassette recorder. The court ruled that Flores' attack was treacherous, as Lazarte was totally defenseless, and convicted Flores of homicide rather than murder. Treachery was present because Flores committed the crime without any risk to himself from any defense Lazarte could have made while unconscious.

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    PEOPLE v. LYNDON FLORES Y MALARAYAP, GR No.

    116524, 1996-01-18
    Facts:
    As witnessed by Cesar Lanot, while he was at the ground floor of their residence he
    saw Manuel Lazarte alias Ato being kicked by Lyndon Flores alias Jojo.  Ato was then
    opposite Rustico Malvar's house lying on the pavement seven arms length from him
    dead drunk. Thereafter, Ato Lazarte was brought to the hospital.
    The accused hit Ato Lazarte at his stomach twice with the use of the right foot with
    Topsider leather shoes.Thereafter, Ato Lazarte was brought to the hospital where he
    died two days after the incident.  He even dissuaded Jojo, saying "that is enough”
    because Manuel will not fight back as he remained lying," thereafter Flores left Ato.
    Accused-appellant denies having kicked the victim.  He asserts that he merely touched,
    with his right foot, the victim who was lying dead drunk on the pavement to wake him up
    so that the victim could explain the circumstances of the loss of Emperatriz Lazarte's
    cassette recorder. Emperatriz imputed to accused-appellant the loss of her cassette
    recorder which she eventually found in a pawnshop from where she redeemed it.
    Issues:
    W/n the crime he committed is homicide and not murder.
    Ruling:
    No. The evidence clearly establishes the fact that the victim was totally unconscious,
    dead drunk, lying on the pavement, when accused-appellant administered strong,
    vicious, and as borne out later, killing kicks at the belly of the victim. Totally unconscious
    at the time of the attack, the victim could not have put up any defense whatsoever
    against the sudden assault by the accused-appellant. Unquestionably, the attack was
    characterized by treachery. An attack upon an unconscious victim who could not have
    put up any defense whatsoever is treacherous. There was absolutely no risk to
    accused-appellant from any defense that the victim might have make. There is
    treachery when the offender commits any of the crimes against the person, employing
    means, methods or forms in the execution thereof which tends directly and specially to
    insure its execution, without risk to himself arising from the defense which the offended
    party may make (No. 16, Article 14, Revised Penal Code).

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