People v. Roxas G.R. No. 218396

 

G.R. No. 218396

PEOPLE OF THE PHILIPPINES, Plaintiff -Appellee,

vs.

NESTOR ROXAS y CASTRO, Accused-Appellant.

Facts: 

Severino, the victim, and Vicente were  talking to each other in front of the house of Alfredo Asi when the accused-appellant approached Severino from behind and suddenly stabbed the latter thrice on his back, stomach, and his side, with a white sharp bladed weapon and immediately fled. Vicente also fled in fear of his life where he also asked for help. When he returned, the victim was already dead.

In the victim’s defense, he only acted in self-defense. Severino punch him hitting him on the lower eyelid portion. He also pulled a knife and poke the accused-appellant. The accused-appellant tried to get the knife and they fell and rolled on the groun. When he was able to stood up, he noticed he obtained stabbed wounds on his left hand and saw Sverino lying on the ground. Vicente and Alfredo were laughing like they were drunk. In fear, the accused-appellant went into hiding for 15 years.

The RTC found the accused-appellant guilty of murder on the grounds that unlawful aggression is not present. On appeal, the CA affirmed RTC’s decision. Hence, this appeal.

Issue:

Is the aggravating circumstance of treachery present?

Ruling:

Yes. Treachery exists when the offender commits any of the crimes against persons, employing means, methods or forms in its execution which tend directly and especially to ensure its execution, without risk to himself arising from any defense which the offended party might make.

At this point, it bears to emphasize that the stabbing was not preceded by any argument between the victim and the accused-appellant. So, when the accused-appellant surreptitiously approached the victim from behind, the latter had no inkling nor reason to believe that his life was in danger.

On account of the fact that Severino was just casually conversing with Vicente at that time, his defenses were down. Naturally, Severino was too stunned by the suddenness of the first stab blow at hi.s back. As a result, the victim could no longer recover from the initial attack and the other two stab blows inflicted made it more difficult for Severino to defend himself or retaliate. This is precisely the essence of treachery wherein the attack must be deliberate and without warning, done in a swift and unexpected manner, affording the hapless, unarmed and unsuspecting victim no chance to resist or escape. Further, the strategy employed by the accused-appellant in carrying out the attack guaranteed that he will not be exposed to any risk which may arise from the defense the victim might make.