Treachery and evident premeditation.

"Xxx.

Prosecution's evidence sufficiently
established the presence of treachery
and evident premeditation.

Treachery qualifies the crime to murder. There is treachery when the offender commits any of the crimes against persons, employing means, method or forms which tend directly and especially to ensure its execution, without risk to the offender arising from the defense that the offended party might make.[29] The essence of treachery is the sudden and unexpected attack by an aggressor on the unsuspecting victim depriving the latter of any chance to defend himself and thereby ensuring its commission without risk to himself.[30]

In the present case, the presence of the qualifying circumstance of treachery was indubitably established. The attack on the unarmed victim was so sudden, unexpected, without preliminaries and provocation. The victim was totally unprepared and oblivious of the attack since he was peacefully resting inside his house. The single shot found its mark at the back portion of his head indicating that he was shot from behind with his back turned to the assailant. This position was disadvantageous to the victim since he was not in a position to defend himself or to retaliate. Moreover, the location of the wound obviously indicates that the assailant deliberately and consciously aimed for the vital part of the victim's body to ensure the commission of the crime. The attack from the rear is treacherous. As has been held many times, treachery exists since the defenseless victim was shot from behind. The fact that Bug-atan furnished the deadly weapon used in the shooting eloquently shows that they made a deliberate and conscious adoption of the means to kill the victim. These facts, established by evidence on record, clearly constitute treachery as defined in Article 14(16) of the Revised Penal Code.

Before evident premeditation may be appreciated, the following elements must be proved: a) the time when the accused determined to commit the crime; b) an act manifestly indicating that the accused has clung to his determination; and, c) sufficient lapse of time between the determination and execution to allow him to reflect upon the consequences of his act.

The foregoing requisites were fulfilled. First, it was on April 14, 1993 when Manatad and Bug-atan gave Maramara a .38 caliber revolver and P500.00 as expenses for transportation, instructing the latter to proceed to Mandaue City and kill the victim. Undisputedly, these presuppose planning. Second, the execution of the crime was done the following morning of April 15, 1993 where Bug-atan and Labandero accompanied Maramara to the house of the victim. Third, the more than one day period, at the very least, was substantial interval of time clearly sufficient to afford a full opportunity for meditation and reflection upon the consequences of their nefarious acts. These proved their premeditated design to end the life of the victim which was accomplished.

Xxx."

VIRGILIO BUG-ATAN, BERME LABANDERO GREGORIO MANATAD PETITIONERS, VS. THE PEOPLE OF PHILIPPINES, Respondent. G.R. No. 175195, September 15, 2010.

https://www.chanrobles.com/cralaw/2010septemberdecisions.php?id=319