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Cicera vs people digest

Cicera vs people digest

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Cirera vs. People

G.R. No. 181843

July 14, 2014

Facts:

On April 20, 2000, while Romeo Austria was playing a card game, Miguel Cirera arrived, asking

money from the former so that he could by liquor. Austria asked Miguel to keep quiet. Gerardo Naval arrived

and asked Austria to go home. There was an exchange of words between Gerardo and Miguel. Austria then

suddenly stood up because he felt that he was stabbed. He noticed that Miguel was armed with a knife, this

time chasing Gerardo.

Gerardo testified that Miguel got angry when he asked Austria to go home. He felt a hard blow that

hit his back after the exchange of words between him and Miguel. When he saw that Miguel was holding a

knife, he ran away. Miguel then chased Gerardo who fell on the ground. When Miguel was about to stab him

again, he hit Miguel with a bench and left him lying on the ground, unable to stand.

The RTC found Miguel Cicera guilty beyond Reasonable doubt of two counts of frustrated murder.

The RTC held that there was a qualifying circumstance of treachery when the crime was commited.

Dissatisfied, Petitioner appealed to the Court of Appeals. In its decision, the CA affirmed the decision of the

Trial Court.

Issue:

Whether or not the prosecution failed to prove the treachery in the case, as a qualifying circumstance

Ruling:

Yes, treachery, as a qualifying circumstance to sustain a conviction of frustrated murder rather than

a frustrated homicide, was not proven by the prosecution.

A finding of the existence of treachery must be based on clear and convincing evidence. Its existence

cannot be presumed. Any doubt as to its existence should be resolved in favor of the accused. The

unexpectedness of an attack cannot be the sole basis of a finding of the existence of treachery. There are

two requisites of the existence of treachery, first is the means, method, or manner of execution employed

which will ensure the safety of the malefactor from defensive act on the part of the victim, no opportunity

being given to the latter to defend himself; and deliberate conscious adoption of such means, method, or

manner of execution.

In the case at bar, no evidence was presented to show that petitioner consciously adopted or

reflected on the means, method, or form to secure his unfair advantage. The attack might “have been done

on impulse or as a reaction to an actual imagined provocation offered by the victim.

Petitioner was not only dismissed by Austria when he approached him for money. There was also

an altercation between him and Naval. The provocation might have been enough to entice petitioner to

action and attack private complainants.

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Cirera vs. People G.R. No. 181843 July 14, 2014 Facts: On April 20, 2000, while Romeo Austria was playing a card game, Miguel Cirera arrived, asking money from the former so that he could by liquor. Austria asked Miguel to keep quiet. Gerardo Naval arrived and asked Austria to go home. There was an ...
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