®
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