PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. GREGORIO HERMOSA and GABRIEL ABELINDE, accused-appellants. G.R. No. 131805, September 7, 2001.
"We also rule that TREACHERY was not established. The essence of treachery is that the attack is DELIBERATE and WITHOUT WARNING — done in a SWIFT and UNEXPECTED manner, affording the hapless and unsuspecting victim no chance to resist or escape.42 The prosecution did not prove the deliberateness of the attack. The evidence shows that Macuibelle peeped through the hole on the wall only after she heard the victim made an outcry. Appellant Hermosa was already at the main door and was then in the act of assaulting the victim. Macuibelle could not give the particulars on HOW the killing of the victim BEGAN and DEVELOPED . Absent any particulars on HOW the aggression COMMENCED or HOW the act which RESULTED in the victim's death unfolded, treachery cannot be appreciated.43 We note, further, that the victim was AWARE of the danger on her life. She was HOLDING A BOLO when she was attacked. She was also ABLE TO SHOUT for help. In light of these circumstances, treachery cannot be appreciated."
