This case has been cited 1 times or more.
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2000-08-29 |
GONZAGA-REYES, J. |
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| specially to insure its execution, without risk to himself arising from the defense which the offended party might make.[44] There is treachery when the attack is sudden and unexpected, rendering the victim unable to defend himself.[45] In this case, the group of Aguilar had no reason to anticipate an attack from accused-appellant since the latter was virtually a stranger to them and there were no prior quarrels or altercations between themselves and accused-appellant. Thus, they were taken completely by surprise when accused-appellant headed towards the house of Noel Benedicto and started firing at them. Being unarmed, John Dulaca and Eduardo Carino's reaction was merely to get out of the house, which they accomplished by boring a hole through the kitchen wall. Meanwhile, Noel Benedicto removed himself from accused-appellant's path by hiding in his room. Mario Aguilar and Ricardo Cabarang, however, were not as fortunate. The intense fear and shock caused by accused-appellant's violent rampage prevented them from fleeing and, being unarmed, they obviously could not put up any defensive action in the face of such an implacable and unanticipated aggression. Undisputedly, the circumstances obtaining in this case shows the presence of treachery for the means employed by accused-appellant ensured the execution of his criminal designs upon the victims herein without any risk to himself arising from any defense which the offended parties might have made.[46] We agree with the trial court that accused-appellant is guilty of two separate murders[47] and that the proper penalty which should be imposed upon him is for each of the murders. When the crime was committed, the imposable penalty for murder was | |||||