PEOPLE OF THE PHILIPPINES v. JONEL VARGAS

PEOPLE OF THE PHILIPPINES v. JONEL VARGAS Y RAMOS, JERIENALD VILLAMERO Y ESMAN, ARMANDO CADANO @ MANDO, JOJO ENORME @ JOJO, RUTHER GARCIA @ BENJIE/LOLOY, AND ALIAS TABOY, ACCUSED, JONEL VARGAS Y RAMOS, JERIENALD VILLAMERO Y ESMAN

G.R. No. 208446          April 6, 2016

PEREZ, J.

FACTS:

On or about the 4th day of September 2004, in San Jose del Monte City, province of Bulacan, the above-named accused, armed with unknown caliber guns, and with intent to kill one Jojo F. Magbanua, with evident premeditation, treachery and abuse of superior strength, conspiring, confederating and mutually helping one another, did then and there willfully, unlawfully and feloniously attack, assault and shoot with the said firearms, they were then provided, the said Jojo F. Magbanua, hitting him on his head, thereby inflicting upon him mortal wound which directly caused his death.

The RTC rendered judgment finding appellants guilty beyond reasonable doubt of Murder. Appellants question the trial court's finding of treachery to qualify the crime to murder.

ISSUE:

Whether treachery was correctly appreciated by the trial court.

RULING:

No. For treachery to be considered, it must be present and seen by the witness right at the inception of the attack. Where no particulars are known as to how the killing began, the perpetration of an attack with treachery cannot be presumed.  Adolfo merely saw the victim being chased by two armed men. He could not describe how the aggression began and who started it. For failure of the prosecution to prove beyond reasonable doubt that appellants were the perpetrators of the crime, we are constrained to rule on the latters' acquittal.

Art. 14. Aggravating circumstances – The following are aggravating circumstances:

            X X X

16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.