PEOPLE OF THE PHILIPPINES VS. GILBERT CABALLERO Y GARSOLA

PEOPLE OF THE PHILIPPINES VS. GILBERT CABALLERO Y GARSOLA

G.R. No. 210673          June 29, 2016

PEREZ, J.

FACTS:

                 On or about the 25th day of July 2007, in the City of Bayawan, Negros Oriental, Philippines, accused John Doe, driving a motorcycle conspiring together, confederating and mutually helping accused, Gilbert Caballero y Garsola armed with a gun, with treachery and evident premeditation and with intent to kill, did then and there willfully, unlawfully and feloniously attack, shoot several times, wound and kill JUDGE ORLANDO C. VELASCO, without giving him a chance to defend himself to ensure the execution of the act, without risk to both accused out of any defense which the victim could have made, thereby inflicting upon his person these injuries, to wit:

                 Multiple gunshot wounds x x x

                 - Multiple organ failure;

                 - Severe hypovolemia sec. to exsanguinations;

                 - Multiple gunshot wounds abdominal pelvic area with through and through injury to the bladder complete transection right distal ureter, through and through injury to the rectum, 88A plate transection of the right internal iliac artery and vein through and through injury to the sacrum, through and through injury to the penile shaft, multiple muscles bleeders bilateral inguinal area and which injuries caused his death to the damage and prejudice to the heirs of the victim.

                 The trial court held that all elements of the crime of murder are attendant in the case. Treachery was present when Judge Velasco was shot in the back and he was in a position where he could not defend himself.

ISSUE:

Whether the element of treachery is present in this case.

RULING:

Yes. As found by the Court of Appeals, treachery attended the shooting against Judge Velasco, thus:  

Gilbert was shown to have shot the deceased, Judge Velasco. The victim was hit three (3) times while on board a motorcycle at around 7:00 o'clock in the evening. Judge Velasco was approaching his house while coming from a birthday party when he was shot. He was unarmed and accompanied by Garabato, his wife, and Christopher Iway. Clearly, Judge Velasco was unaware of any attack that Gilbert planned against him. To ensure the success of his criminal design, Gilbert, with the aid of an unidentified person, fired at the victim three (3) times. What existed in this case was such a sudden and unexpected attack and without warning on an unsuspecting victim, depriving Judge Velasco of any real chance to defend himself, and thereby ensuring, without risk, of its commission. What is decisive is that the execution of the attack, without the slightest provocation from the victim, who was unarmed, made it impossible for the victim to defend himself or to retaliate.

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: What is decisive is that the execution of the attack, without the slightest provocation from the victim, who was unarmed, made it impossible for the victim to defend himself or to retaliate.