Tuozo Lourdes Clouie D.

People v Villonez G.R. Nos. 122976-77 November 16, 1998

Facts
On May 3, 1994, Gerardo Longasa, the deceased, had a fistfight with Rudy Santos at
Liwayway street, Baritan, Malabon. Edgar Jimenez, the witness, went to the area to stop the
fistfight. Edgar passed at Javier II street going to Liwayway street. At Javier II street, Edgar was
attacked by seven armed men, which included the accused-appellants. Edgar was able to escape
from his assailants. While fleeing, Edgar ran past Gerardo, who seemed drunk. Edgar called
Gerardo but the assailants already attacked Gerardo. Edgar saw Emerlito hit Gerardo with a 2x2
inches piece of wood while Regando and Ruel simultaneously hit Gerardo with bottles. Rey and
Buddha held Gerardo’s arms while Rudy and Eddie Santos stabbed Gerardo, which caused his
death. The RTC held that the accused-appellants were guilty beyond reasonable doubt of the
crime of murder without appreciating treachery because the deceased was already engaged in a
fistfight prior the attack, thus he was forewarned. The aggravating circumstance, superior of
strength, was appreciated for the assailants had the upper hand, which was strength in number.
Issue
Whether or not the aggravating circumstance, treachery, should be appreciated.
Whether or not the aggravating circumstance, superior of strength, should be appreciated.
Held
Yes. Treachery should be appreciated.
No. superior of strength should not be appreciated.
Ruling
Treachery may still be appreciated even when the victim was forewarned of an attack against
him. What is decisive is that the execution of the attack made it impossible for the victim to
defend himself or to retaliate. The fact that the victim was unarmed and his arms were held
behind him preclude the possibility of any defense by him. The other aggravating circumstance,
superior of strength, will no longer be taken against the accused-appellants for it is absorbed in
treachery. Hence, the crime committed was murder with the aggravating circumstance of
treachery.