People vs.

Escote
G.R. No. 140756
April 4, 2003

FACTS:
At past midnight on 28 September 1996, while Five Star Passenger Bus
with plate No. ABS-793 bound for Bolinao from Manila was travelling along
the highway in Plaridel, Bulacan, two felons announced a hold-up and
thereafter divested the passengers of their money and valuables and the bus
conductor of his collections of the fares of the passengers. On the occasion
of the robbery, the two felons shot to death SPO1 Jose C. Manio, Jr. despite
the latter's pleas for mercy. Rodolfo Cacatian, the bus driver, and Romulo
Digap, the bus conductor, identified Juan Gonzales Escote, Jr. and Victor
Acuyan as the perpetrators of the crime.

The accused boarded a bus. One of the passengers in the said bus is
SPO1 Jose Manio Jr. who was seated at the rear portion of the bus and on his
way home to Angeles City. When the bus was travelling along the highway
the accused suddenly stood up and announced a hold up. They fired their
gun upward. The two then accosted the passengers and divested them of
their money and valuables. Then, the two went to Manio. They took his ID as
well as his service gun. They shot him. Manio sustained six entrance wounds.
The robbery was over in 25 minutes. The accused were convicted of the
crime of robbery with homicide.

ISSUE:
Whether the aggravating circumstance of treachery is present.
HELD:
Yes. There is treachery when the following essential elements are
present (1) at the time of the attack, the victim was not in a position to
defend himself and (2) the accused consciously and deliberately adopted the
particular means and methods or form of attacks employed by him. The
essence of treachery is the sudden and unexpected attack by an aggressor
on the unsuspecting victim, depriving the latter of any chance to defend
himself and thereby insuring its commission without risk to himself. In this
case, the accused were armed with hand guns. They first disarmed the
deceased and then shot him. When the victim was shot he was defenseless.
Treachery is applied in the constituent crime of homicide.