Case Digest: People of the Philippines vs. Abadies

PEOPLE OF THE PHILIPPINES vs. BONIFACIO ABADIES

G.R. No.  135975                                    14 November 2002

Ynares-Santiago, J.

DOCTRINE: 

There is treachery when the offender commits any of the crimes against persons, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.

FACTS:

At the 2:00 am of 25 December 1995, Cecilio Roldan, his wife, Cynthia, their son, Ronald, and a neighbour, Salve Aligway, were celebrating Christmas Eve at the balcony of their house in Ormoc City.  Cynthia saw Bonifacio Abadies, her husband’s uncle, approach Cecilia from behind.  Without warning, Abadies shot Cecilia with an 8-inch firearm. Cecilia was hit on the upper back and slumped to the floor. Jose Roldan, Cecilio’s brother, heard the gunshot and saw Abadies run toward his house while carrying a gun.  As he had heard Abadies threaten to kill Cecilio the day before, he rushed to his brother’s house.  According to Cynthia, Abadies had a grudge against her husband because he was unable to give him the additional amount of P10,000.00 for the lease of a rice land for the month of December 1995.

To his defense, Abadies claimed that although he did shoot Cecilio, it was accidental. Cecilio, Abadies, and the latter’s sons were drinking tuba and eating chicken to celebrate Christmas eve. Cecilio went to his bedroom and emerged with a gun. Upon warning of his son, Abadies grabbed hold of Cecilio’s hand, and during the struggle, twisted Cecilio’s hand to his back. That was when the gun suddenly went off

ISSUE:

Whether of not there exists the aggravating circumstance of treachery.

RULING:

No. The essence of treachery is the swift and unexpected attack on the unarmed victim without the slightest provocation on his part.  In the case at bar, Cecilio Roldan was in the comforts of his home. He was eating, drinking and thoroughly engrossed in the gaiety of the yuletide season, while engaged in light banter with his wife and a neighbor. Suddenly and without warning, he was shot from behind by accused-appellant, his uncle. As in the recent case of People v. Herrera, accused-appellant suddenly positioned himself at the back of the unsuspecting victim, pointed his gun at him and, without any warning, promptly delivered the fatal shot. The victim was unaware of the attempt on his life and the danger that lurked behind him. There was no way the victim could have defended himself, taken flight or avoided the assault. Thus, the attendance of treachery qualified the killing to Murder.