G.R. No.
174051 People v Rellon
November 8, 1988 | | Treachery as a qualifying circumstance
Petitioner:​ ​People of the Philippines
Respondents: Eugenio Rellon
SUMMARY:
Evidence for the prosecution shows that on Jan 16, 1983, Ram was stabbed to
death while watching the Sinulog festival. Lusareto, Ram’s stepdaughter, testified
that she saw Rellon walking back and forth behind the victim before he suddenly
held Ram’s shoulder and stabbed him with a butcher’s knife. After which, Rellon
fled. Because of this incident, the trial court found him guilty of Murder qualified by
Treachery.
The issue is WON the Qualifying Circumstance of Treachery should be
appreciated in Rellon’s case. The Court found that the circumstance of Treachery
should be appreciated since, when Rellon stabbed Ram, he was sitting on a
bench watching the singing & dancing during the Sinulog festival. He was so
engrossed in the merrymaking when Rellon stealthily stabbed him from behind. An
attack from behind is treachery.
DOCTRINE:
Treachery is one of the qualifying circumstances for murder. There is treachery
when the offender commits any of the crimes against the person, employing
means, methods or forms which tend to insure its execution, without risk to himself
arising from the defense which the offended party might make.
An attack from behind is treachery.
FACTS:
1. Evidence for the prosecution shows that on Jan 16, 1983, Ram was stabbed to
death while watching the Sinulog festival. Lusareto, Ram’s stepdaughter,
testified that she saw Rellon walking back and forth behind the victim before he
suddenly held Ram’s shoulder and stabbed him with a butcher’s knife. After
doing so, Rellon fled.
2. A medico-legal expert testified that the victim suffered multiple stab wounds on
his neck, back, chest and left arm.
3. Meanwhile, Rellon argues that it was self-defense since, while he was walking
toward his house at Tres de Abril, Ram suddenly stood up & thrust his knife
towards him. He was able to ward off his thrust by holding Ram’s arm and then
he grappled for the knife. After he succeeded in getting the knife, Rellon
accidentally stabbed him in his chest and then he left the scene.
4. However, through the testimony of Lusareto, it has been established beyond
reasonable doubt that Rellon stabbed Ram at the back with a butcher’s knife,
so the Trial Court found him guilty of Murder qualified by Treachery, since Ram
was stabbed from behind while he was watching the Sinulog dance​.
ISSUE/S:
1. WON the Qualifying Circumstance of Treachery can be appreciated
against Rellon – YES
RATIO:
1. Treachery is one of the qualifying circumstances for murder. ​There is
treachery when the offender commits any of the crimes against the
person, employing means, methods or forms which tend to insure its
execution, without risk to himself arising from the defense which the
offended party might make. ​Two conditions constitute treachery: (1)
employment of means of execution so as to give person attacked no
opportunity to defend himself or retaliate; and (2) that such means of execution
was deliberately or consciously adopted.
In this case, when Rellon stabbed Ram, he was sitting on a bench watching
the singing & dancing during the Sinulog festival. He was so engrossed in the
merrymaking when Rellon stealthily stabbed him from behind. An attack from
behind is Treachery. ​As such, the circumstance of Treachery should qualify
Rellon's crime to Murder.
DISPOSITION:
WHEREFORE, the decision appealed from is hereby AFFIRMED