Sudden and unexpected
Treachery is one of the circumstances that qualify the crime homicide or killing a person into a more serious offense of murder with a graver penalty. But what constitutes treachery and how is it proven? These are the questions answered in this case that happened in one of the remote barangays in the Visayas.
The case happened one evening during the usual dance affair held in the barrios as one form of entertainment by the natives. The dancing was held beside the purok center in one of the waiting sheds enclosed by bamboo posts, made of pawid and light materials. In the center of the dance hall was a petromax to illumine the area. Another petromax was at the periphery near the gate and the fence.
At the invitation of young ladies in that place, five young men from another barrio some three or four kilometers away, went to the dance affair, namely Jim, Manny, Freddie, Bert and Tony. The dance was already in progress when the group arrived at 9 in the evening. Already dancing at that time to a music piece he requested from the person in charge of the music, was Larry who resides in said barrio. After that piece, Jim and his group started to dance to the song they also requested. After dancing, Jim and Freddie left the dance hall. On their way out, Larry approached Jim and suddenly stabbed him. Jim fell face down to the ground. Freddie who was walking ahead of Jim, turned around to help him. Manny who also witnessed the whole incident, and the rest of the group, went to Freddie and the wounded Jim. They carried Jim to a nearby house where they borrowed a sledge and carabao to bring him to a hospital. But Jim died on the way. So the group just brought Jim’s lifeless body to his home.
Post mortem report of the municipal health officer shows that Jim sustained a stab wound in the epigastric area which penetrated the liver and that he died of shock secondary to massive bleeding. Based on the sworn statement of Freddie and Manny who pointed to Larry as the assailant, Larry was charged with murder for the killing of Jim with treachery.
At the trial Freddie and Manny repeated their sworn statements as to what happened. For his defense, Larry claimed that he was not the one who stabbed and killed Jim. He said that the killing was precipitated by a misunderstanding regarding the requests for music pieces and when the dancing was over, Jim’s grouped approached him as they wanted to know why his request was first granted when he had just arrived. Then when he pointed to the person in charge, Jim got mad and pulled out a bolo from his jacket. Freddie did the same. So upon seeing the weapons, he said he moved back toward the fence which fell down, enabling him to run away.
The Regional Trial Court (RTC) however found Larry guilty beyond reasonable doubt of the crime of murder as the killing was attended with treachery because of the suddenness of his attack on Jim. He was sentenced to imprisonment of reclusion perpetua and pay damages.
On appeal to the Supreme Court (SC), Larry contended that even if he should be found guilty of killing Jim, he should be liable only for the crime of homicide because it was not proven that the assault upon Jim was sudden, unexpected or done with impunity. The SC however ruled that Larry’s claim is belied by the straightforward testimony of the eyewitness, Manny, who was then still dancing. He testified that he saw Larry coming from the outside with a towel over his head, casually strode toward Jim and stabbed him without any warning. The SC said that the treacherous nature of the assault is indubitably shown by suddenness of the attack, without any provocation on the part of Jim who was innocently walking out of the dance area, unarmed and totally oblivious of the impending attack against him, with no opportunity to parry the blow.
There is treachery when the offender commits any of the crimes against persons, employing means, method or forms in the execution thereof which tend directly and especially to ensure its execution without risk to himself, arising from the defense which the offended party might make. The essence of treachery is the sudden and unexpected attack without the slightest provocation on the part of the person being attacked. This is proven in this case particularly by Manny, the eyewitness to the incident (People vs. Lascota, G.R. 113257, July 17, 1997)