People v. Dela Cruz


People v. Dela Cruz

G.R. No. 227997

October 16, 2019


                The RTC and CA convicted Ramir Joseph Eugenio for the crime of murder. The accused-appellant and Ramir engaged in a fistfight inside the latter’s room. Ronald rushed to the scene and found accused and Ramir blocking the door. As he tried to open the door, Ronald saw Ramir lying in a pool of blood, with accused holding a knife embedded on Ramir’s forehead. Petrified by the scene, Ronald closed the door and sought help from the other occupants of the house but to no avail. This prompted Ronald to go back to Ramir’s room where he wrestled the knife from his uncle. Afterwards, he went to the ground floor of the house, threw the knife underneath the washing machine and ran outside to seek help.


                Whether or nor the CA erred in affirming the RTC.


                Yes. To appreciate treachery, these elements must be present: 1.) at the time of attack, the victim was not in a position to defend himself or to retaliate or escape and 2.) the accused consciously and deliberately adopted the particular means, methods, or forms of attack employed by him. Further, for treachery to be appreciated there must not be even the slightest provocation on the part of the victim. However, from the prosecution’s own version of the events, the victim loudly cursed at accused-appellant for knocking on his door. As such, the victim had an inkling that accused-appellant may resort to retaliatory measures. Hence, the stabbing may have been triggered by the provocative actuations of the victim; an act made on impulse or as a reaction to an actual or imagined provocation. In the absence of clear and convincing evidence to prove the qualifying circumstance of treachery, accused-appellant should be held liable for the crime of homicide and no murder.



No comments:

Post a Comment