FACTS:
Antonio Urcinado and Leonardo Mallari were walking in the street at around 1:45 am when they were approached by 9 men. Soon an argument broke out between Mallari and a certain Eduardo Colonia. Mallari kicked Eduardo, and as Urcinado was pacifying Mallari, Rene Colonia struck Mallari with a round stick. As Mallari fell flat on his stomach, Jose Larry Colonia stabbed Mallari on the left
side of his back with a hunting knife, penetrating his chest. Urcinado ran for assistance but upon his return with his companions, they found Mallari already dead and the group had fled.
The trial court found Jose Larry Colonia guilty of murder. Co-accused Eduardo Colonia and
Rene Colonia were acquitted for insufficiency of evidence and for having acted
in defense of their brother.
ISSUE:
Whether or not treachery is present in the case.
Whether or not treachery is present in the case.
RULING:
No. SC ruled out that the crime
committed by the appellant was homicide, not murder.
For treachery to be considered,
it must be clear that the accused deliberately and consciously adopted the
means of execution that rendered the person attacked with no opportunity to defend
himself or to retaliate. Treachery is
not presumed; it has to be proved as convincingly as the killing itself. The prosecution evidence showed that the
victim and accused Eduardo had a heated argument. It was only when the victim
kicked Eduardo that Rene and Jose Larry joined the fracas. There was an initial aggression on the part
of the victim that resulted in the rumble and ultimately his death. Thus, the victim was not totally defenseless.
He was sufficiently forewarned of the possible reprisal from Eduardo’s
group. Hence, we rule out treachery.
