People v. Almosara
G.R. No. 223512
July 24, 2019
FACTS:
The RTC
and CA convicted appellant for the crime of murder. On December 6, 2000,
siblings Gregorio and Marife Cabintoy were inside their residence at Sitio
Quarry in Antipolo City.6 Right outside, their father Arnulfo Cabintoy was
drinking with appellant Antonio, Anthony, Rodolfo (Adolfo), and Ronnie, all
surnamed Almosara. After the drinking spree, Arnulfo advised appellant to go to
sleep. Appellant irritably engaged in a heated exchange with Arnulfo. Shortly
after, appellant and his relatives left. Suspecting that the Almosaras might
return and retaliate, Arnulfo thought of his son who was then in the basketball
court. He asked his wife Maria to fetch their son. Not long after, the
Almosaras, now armed with bolos, had returned. At that point, Arnulfo was
gathering stones he thought of using to defend himself and his family should
the Almosaras be back. After a while, the Almosaras came back. For his part,
appellant went straight to and pinned down Arnulfo and right then and there
repeatedly stabbed Arnulfo. While Arnulfo was already lying prostrate on the
ground, Anthony joined in and stabbed Arnulfo once in the stomach. Ronnie and
Adolfo also joined in and stabbed Arnulfo a total of six (6) times in the back.
Thereafter, the Almosaras ran away. Meanwhile, Maria had returned from the
basketball court and saw many people gathering around their house. Some
restrained her from getting inside. Then she saw her husband lying face down on
the ground. He was full of blood. She heard people talking that the persons
responsible were her husband's drinking buddies. Wilfredo Almazen who lived nearby saw
appellant, Adolfo, and another person passing by the road fronting his house.
The three (3) were wearing bloodied clothes and holding bolos. Shortly after,
Maria came to him asking for his help as barangay chairman for the arrest of
the Almosaras. He readily obliged. He first went to Arnulfo's house where he
saw Arnulfo's lifeless body. Then he went to chase appellant who was already
fleeing at that time. He was able to catch appellant whom he immediately
brought to the police headquarters. SPOl Felipe Matias, on the other hand,
pursued and also succeeded in getting hold of Adolfo.
ISSUE:
Whether
or not the CA erred in affirming the RTC
HELD:
No.
Paragraph 16, Article 14 of the RPC defines· treachery as the direct employment
of means, methods, or forms in the execution of the crime against persons which
tend directly and specially to insure its execution, without risk to the
offender arising from the defense which the offended party might make. The
essence of treachery is that the attack is deliberate and without warning, done
in a swift and unexpected way, affording the hapless, unarmed and unsuspecting
victim no chance to resist or escape. In order for treachery to be properly
appreciated, two elements must be present: (1) at the time of the attack, the
victim was not in a position to defend himself; and (2) the accused consciously
and deliberately adopted the particular means, methods, or forms of attack
employed by him. The essence of treachery hinges on the aggressor’s attack sans
any warning, done in a swift, deliberate, and unexpected manner, affording the
hapless, unarmed, and unsuspecting victim no chance to resist or escape. Here, appellant, without any warning, barged
into the victim’s premises, went straight to pin him down to the ground, and
repeatedly stabbed him. Appellant continued pinning Arnulfo down to allow his
other relatives who had joined in to freely take turns in stabbing the helpless
victim.
No comments:
Post a Comment