PEOPLE OF THE PHILIPPINES VS. APOLONIO
"TOTONG" AVILA Y ALECANTE
G.R. No. 201584 June 15, 2016
PEREZ, J.
FACTS:
On or about the 20th day of October 2002, in Quezon
City, Philippines, the said accused, conspiring, confederating with another
person whose true name, identity and whereabouts has not as yet been
ascertained and mutually helping each other, with intent to kill, qualified by
evident premeditation and treachery, taking advantage of superior strength, did
then and there willfully, unlawfully and feloniously attack, assault and employ
personal violence upon the person of one JANJOY VASQUEZ Y DAGANATO, by then and
there shooting her with a gun hitting her on the head and stomach, thereby
inflicting upon her serious and mortal wounds which were the direct and
immediate cause of her untimely death, to the damage and prejudice of the heirs
of the victim. The trial court ruled that treachery and abuse of superior
strength were attendant in the commission of the crime and that the prosecution
filed to establish the qualifying circumstance of evident premeditation.
ISSUE:
Whether treachery and abuse of superior strength are
present.
RULING:
Yes. Before a qualifying circumstance may be taken
into consideration, it must be proved with equal certainty as that which
establishes the commission of the crime.
Abuse of superior strength is present whenever there
is notorious inequality of forces between the victim and the aggressor,
assuming a situation of superiority of strength notoriously advantageous for
the aggressor selected or taken advantage of by him in the commission of the
crime. The fact that there were two persons who attacked the victim does not
per se establish that the crime was committed with abuse of superior strength,
there being no proof of the relative strength of the aggressors and the victim.
Mere superiority in numbers is not indicative of the presence of this
circumstance.
There is treachery when the offender commits any of
the crimes against the persons, employing means, methods, or forms in the
execution thereof, which tend directly and specially to ensure its execution,
without risk to himself arising from the I defense which the offended party
might make. The prosecution, through the eyewitness testimony of Ryan Vasquez,
was able to prove the treacherous manner of killing the victim. Ryan testified
that the accused-appellant and his companion were peeping inside the house
before the first shot was fired. The first shot was fired from behind a closed
door, catching the victim by surprise. The second shot to the victim's head was
fired immediately after the door was forced open by the accused-appellant. Such
manner of execution of the crime ensured the safety of accused-appellant from
retaliation and afforded the victim no opportunity to defend herself. Thus, We
hold that the circumstance of treachery should be appreciated, qualifying the
crime to Murder.
Art. 14. Aggravating circumstances –
The following are aggravating circumstances:
X X X
15.That
advantage be taken of superior strength, or means be employed to weaken the
defense.
X X X
DOCTRINE: Abuse of
superior strength is present whenever there is notorious inequality of forces
between the victim and the aggressor, assuming a situation of superiority of
strength notoriously advantageous for the aggressor selected or taken advantage
of by him in the commission of the crime. The fact that there were two persons
who attacked the victim does not per se establish that the crime was committed
with abuse of superior strength, there being no proof of the relative strength
of the aggressors and the victim. Mere superiority in numbers is not indicative
of the presence of this circumstance.
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.
X X X
DOCTRINE: There is treachery when the offender commits any of
the crimes against the persons, employing means, methods, or forms in the
execution thereof, which tend directly and specially to ensure its execution,
without risk to himself arising from the I defense which the offended party
might make.
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