PEOPLE OF THE PHILIPPINES VS. FUNDADOR CAMPOSANO

PEOPLE OF THE PHILIPPINES VS. FUNDADOR CAMPOSANO Y TIOLANTO, @ "Punday/Masta" AND HERMAN' DE LOS REYES @ "YOB”

G.R. No. 207659          April 20, 2016

DEL CASTILLO, J.

FACTS:

Appellants were indicted for murder for stabbing the 16-year old minor Esmeraldo Ilao to death on January 11, 2001. The accused, conspiring and confederating together and both of them mutually helping and aiding each other, without justifiable motive with intent to kill and by means of treachery and evident premeditation, did then and there willfully, unlawfully and feloniously, attack, assault and stab with a deadly weapon (fan knife) the victim, which directly caused his death.

The RTC appreciated the qualifying aggravating circumstance of treachery, having found that both appellants employed means which directly and specially insured that their slaying of Ilao was without risk to themselves on account of any retaliatory acts that their victim might make or take. The RTC held that the assault that these two mounted against their victim which resulted in the latter's violent death, was sudden and unexpected, affording the latter no chance at all to defend himself. Hence, the said court rendered a Decision finding the appellants guilty beyond reasonable doubt of the crime of murder.

ISSUE:

Whether both the RTC and the CA correctly found that both appellants in fact committed the crime of murder, qualified by treachery.

RULING:

Yes. "The essence of treachery is that the attack comes without a warning and in a swift, deliberate, and unexpected manner, affording the hapless, unarmed, and unsuspecting victim no chance to resist or escape." This is the very scenario brought to light by the prosecution's evidence in this case.

For here, the evidence on record conclusively showed that the appellants assaulted and killed Ilao while he was face down on the ground. The appellants took advantage of their victim's defenseless and helpless position to inflict the fatal stab wounds, giving their victim no chance at all to retaliate or defend himself. In fact, as shown in the records, Camposano went on top of Ilao and held him by the neck and stabbed him on the chest. Appellant De los Reyes, on the other hand, stabbed the victim in his lower back. Given these actual, incontrovertible facts, the conclusion is inevitable that treachery attended the commission of the crime.

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.