Mode of attack if there's treachery
The essence of treachery is that the attack is deliberate and without warning done in a swift and unexpected manner of execution affording the hapless, unarmed and unsuspecting victim no chance to resist or escape. There is no treachery where the attack is neither sudden nor preconceived and deliberately adopted but just triggered by the sudden infuriation on the part of the offender.
To establish treachery, the evidence must show that the offender made some preparation to kill the victim in such a manner as to insure the execution of the crime or to make it impossible or difficult for the person attacked to defend himself. The mode of attack must be planned by the offender and must not spring from the unexpected turn of events. There is no treachery when the killing results from a verbal altercation between the victim and the assailant such that the victim was forewarned of the impending danger. (People vs. Ilo, G.R. No. 140731, 21 November 2002, 392 SCRA 326)
To establish treachery, the evidence must show that the offender made some preparation to kill the victim in such a manner as to insure the execution of the crime or to make it impossible or difficult for the person attacked to defend himself. The mode of attack must be planned by the offender and must not spring from the unexpected turn of events. There is no treachery when the killing results from a verbal altercation between the victim and the assailant such that the victim was forewarned of the impending danger. (People vs. Ilo, G.R. No. 140731, 21 November 2002, 392 SCRA 326)
