The Supreme Court (SC) found that the qualifying circumstance of treachery was properly appreciated by the lower courts. There is treachery when the offender commits any of the crimes against persons, employing means, methods or forms in the execution thereof that tend directly and especially to ensure its execution, without risk to himself arising from the defense that the offended party might make. The SC has ruled that treachery is present when an assailant takes advantage of a situation in which the victim is asleep, unaware of the evil design, or has just awakened. It has been established by the prosecution, and even confirmed by the defense, that the victims were sleeping when they were shot. To be precise, it was Emeterio who was asleep when he was shot, considering that the women were able to cry for help before the rapid firing that silenced them. In any case, it was clear that the women were in no position to defend themselves, having been rudely awakened by the shooting of their companion. The fact that they shouted for help also showed their loss of hope in the face of what was coming – rapid gunfire from long firearms. Thus, it has been established that appellants killed Emeterio, Porferia and Analiza. Appreciating treachery as a qualifying circumstance, the crime is properly denominated as murder.
- People of the Philippines v. Ricardo Dearo, Paulino Luage and Wilfredo Toledo, G.R. No. 190862, October 9, 2013. Lexoterica.
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