"Accused-appellant was charged with murder, which is defined and penalized under Article 248 of the Revised Penal Code:
ARTICLE 248. Murder. - Any person who, not falling within the provisions of Article 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua to death if committed with any of the following attendant circumstances:
With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity.
In consideration of a price, reward, or promise.
By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity.
With evident premeditation.
With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
The Regional Trial Court found that Villalobos' killing was attended by treachery and evident premeditation, thereby qualifying it to murder.64 For its part, the Court of Appeals only appreciated treachery, ruling that there was a want of evidence for evident premeditation.65
The Court of Appeals is correct. Only treachery is present here.
Treachery is defined as "the swift and unexpected attack on the unarmed victim without the slightest provocation on his [or her] part."66 To substantiate its allegation of treachery, the prosecution must prove: "(1) that at the time of the attack, the victim was not in a position to defend himself, and (2) that the offender consciously adopted the particular means, method or form of attack employed by him."67
Here, both the Regional Trial Court and the Court of Appeals found that treachery attended accused-appellant's attack on Villalobos. The Court of Appeals held:
Clearly, treachery in this case is evident from the fact that: accused-appellant grabbed the victim's arm by surprise and simultaneously stabbing him with a foot-long knife despite being unarmed. To the Court, these are methods employed which rendered Arthuro helpless as it left him with no opportunity to defend himself or even to retaliate; ultimately causing his death.68 (Citation omitted)
The lower courts' finding of treachery finds substantial basis in Fresado's testimony, which both courts found to be convincing and believable.69"
G.R. No. 229349, January 29, 2020
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. GREG ANTONIO Y PABLEO @ TOKMOL, ACCUSED-APPELLANT.
