GR 99839; (January, 1994) (Digest)
G.R. No. 99839 January 14, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDMONDO ABLAO, accused-appellant.
FACTS
Accused-appellant Edmondo Ablao was charged with the murder of Sonny Canlas. The information alleged the killing was committed with treachery and evident premeditation. The trial court convicted him of murder, appreciating the qualifying circumstance of treachery. The prosecution evidence, as found by the trial court, established that in the early morning of July 11, 1990, in a well-lit area in Divisoria, Manila, the accused detached himself from a group of eight persons, walked towards the victim, placed his left arm around the victim’s shoulder, and then, with his right hand, whipped out a knife and stabbed the victim repeatedly on the front portion of his body. The victim managed to run away, but the accused pursued him, overtook him when he fell, and stabbed him again. The victim sustained twenty-two stab and incised wounds, at least five of which were fatal, and died. The victim’s mother and aunt witnessed the incident. The accused appealed, contesting the appreciation of treachery.
ISSUE
Whether or not the trial court erred in appreciating the qualifying aggravating circumstance of treachery in the commission of the crime.
RULING
The Supreme Court affirmed the trial court’s decision, ruling that treachery was duly proven. The Court held that the two conditions for treachery were present: (1) the means of execution ensured the offender’s safety from any defensive act, as the attack was so sudden and unexpected that the victim was totally unaware and unprepared, and (2) such means were deliberately chosen, as shown by the accused’s act of approaching the victim, placing an arm around his shoulder to facilitate the attack, and then repeatedly stabbing him. The Court emphasized that treachery can exist in a sudden frontal attack if the victim is unaware and unable to defend himself. The number, location, and severity of the wounds further demonstrated the accused’s deliberate effort to ensure the killing without risk to himself.