238120

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® Republic af the Philippines Supreme Court ilanila SECOND DIVISION PEOPLE OF THE PHILIPPINES, G.R. No. 238120. Plaintiff Appeltee, Present: PERLAS-BERNABE, S.A, Chairperson, REYES, AJR, HERNANDO, versus INTING, and DELOS SANTOS, .U. Promulgated: RICO DELA PENA, Accused Appellant. DECISION INTING J: Treachery attends the killing whore she accused attack the victim hile the later is asleep and unable to defend himself: Absolutely, a sleeping victim is not in a position 10 defend himself take flight or otherwise avoid the assault, thus ensuring thatthe erime is successfully ‘executed without any risk othe attacker! Desison GR No, 238120 ‘The Court is now asked to decide on Appeal the Decision’ dated October 30, 2017 of the Court of Appeals (CA) in CA-GR. CR-HC No. 02163, which affinmed the Judgment! dated October 28, 2015 of Branch 45, Regional Trial Court (RTC), Bais City, in Criminal Case No. 11-94. MY, finding Rico Dela Pefa(aceused-appellant) guilty ofthe crime of “Murder under Article 248 of the Revised Penal Code (RPC), ‘The case arose from an Information’ charging accused-appellant With the crime of Murder committed as follows: “That on or about 5:30 o'clock in the afemoon of December 14, 2006, "at" Barangay Samal, Mabinay. Negros Onc Phitippines, and within the jursition of this Honorable Court sid accuse did then and thee wilful, unlwlly and fekniusy without any just motive, with weahery. aad with intent to il his brother in Inv, OLIPIO GOMEZ: AMAHIT, asa, attach and tab ‘sid Olpio Gamez Amit with pins thereby ifiing upon him multe stab younds on his toy wih dietly caused the

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