171.

People vs Cempron (Treachery)

Facts: The acused was charged with murder. One afternoon, The accused was in a cockpit holding a
knofe that was concealed under the cock’s wing. The victim who was a “mananari”(person who place
gaffs on fighting coks), was counting the money consisting of the bet, when the accused came from
behind him and stabbed the victim several times who was totally unprepared for the attack. Appellant
however contends that he should only be convicted with homicide and not murder because the
prosecution failed to establish, by positive evidence, circumstances which qualify the criminal act to
Murder. He avers that he stabbed Gudelusao merely in self-defense.
The trial court The trial court's decision convicting appellant Cempron of Murder was premised on the
qualifying circumstance of Treachery.
Issue: Whether or not the accused be guilty with murder as qualified by treachery.
Held: Yes. For alevosia or treachery to be appreciated as an aggravating or qualifying circumstance,
the offender should have employed means, methods or forms in the execution of the crime which
tended directly and specifically to insure its execution without any risk to himself arising from the
defense which the offended party might make.