This case has been cited 1 times or more.
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2004-05-27 |
QUISUMBING, J. |
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| In the present case, the Information alleged that the circumstance of treachery attended the commission of the crime which would qualify the killing to murder. The essence of treachery is the unexpected and sudden attack on the victim which renders the latter unable and unprepared to defend himself by reason of the suddenness and severity of the attack.[36] Here, it is undisputed that an altercation or heated exchange of words between appellant and the victim preceded the shooting. The verbal tussle had degenerated into a reciprocal challenge concerning the parties' machismo. Threats were openly aired between them. Witness Azur testified that appellant officially reported a grudge between him and the victim. The working place reeked of mutual menace. We cannot conclude in these circumstances that the attack on the victim, Mario Mercado, was sudden or unexpected and the victim had no means within reach to defend himself. Where the manner of attack was not convincingly proven, the accused should be given the benefit of the doubt and the crime should be considered homicide only.[37] On this point, we are not persuaded that treachery attended Mercado's killing. Absent this qualifying circumstance, the proper offense for which the appellant is liable is only homicide not murder. | |||||