Tuesday, October 25, 2011

Treachery - G.R. No. 174476

G.R. No. 174476

"x x x.

Anent the second assigned error, the Court likewise finds that there was treachery in the commission of the crime.

In People v. Dela Cruz,[8] this Court reiterated:

There is treachery when the offender commits any of the crimes against persons, employing means, methods, or forms in the execution, which tend directly and specially to insure its execution, without risk to the offender arising from the defense which the offended party might make. The essence of treachery is that the attack comes without a warning and in a swift, deliberate, and unexpected manner, affording the hapless, unarmed, and unsuspecting victim no chance to resist or escape. For treachery to be considered, two elements must concur: (1) the employment of means of execution that gives the persons attacked no opportunity to defend themselves or retaliate; and (2) the means of execution were deliberately or consciously adopted.

The victim was then eating his dinner, seated with his back to the kitchen door. Suddenly, without provocation or reason, the accused entered through that door and shot the victim in the head, causing the latter's instantaneous death. With the suddenness of the attack, the victim could not do anything, except turn his head towards the accused.

x x x."