TREACHERY IS PRESENT WHEN THE VICTIM IS A CHILD OF TENDER YEARS.
"Since the VICTIM WAS A CHILD OF
TENDER YEARS, TREACHERY WAS
PROPERLY APPRECIATED against
accused-appellant.
The RTC properly considered the killing as MURDER QUALIFIED BY TREACHERY, thereby warranting the imposition of RECLUSION PERPETUA.
Well-settled is the rule that TREACHERY exists when the prosecution has sufficiently proven the concurrence of the following elements: (1) the accused employs means of execution that gives the person attacked no opportunity to defend himself or to retaliate; and (2) the means of execution was deliberate or consciously adopted.31
This Court has held that the KILLING OF A CHILD IS CHARACTERIZED BY TREACHERY even if the manner of the assault is not shown because the WEAKNESS OF THE VICTIM DUE TO HIS TENDER AGE results in the absence of any danger to the accused.32
Considering that the victim in this case was only six (6) years old, treachery attended his murder.
X X X."
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
vs.
JONAS PANTOJA Y ASTORGA, Accused-Appellants
G.R. No. 223114, November 29, 2017.
