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People vs. Amora
G.R. No. 190322
November 26, 2014
Facts:
On September 12, 2004, Anselmo, Aurelio and the victim Romeo were walking on their way to
Sampol Market. Maricris and her son was at their back Appellant suddenly rushed towards them and stabbed
Romeo twice. Romeo fell to the ground while the accused ran away from the scene. Romeo was rushed to
the hospital and later on, he was transferred to East Avenue Medical center where he died after three days.
The RTC rendered its decision convicting appellant of the crime of murder. It was found that the
stabbing of Romeo was attended by the qualifying circumstance of treachery as it was “sudden and
unexpected.”
On appeal, the Court of Appeals affirmed with modification the decision of the RTC.
Issue:
Whether or not the RTC gravely erred in appreciating the qualifying circumstance of treachery
Ruling:
No, the RTC and CA correctly held that crime committed was murder under Article 248 of the RPC
by reason of the qualifying circumstance of treachery.
In order the qualifying circumstance of treachery to be appreciated, the following requisites must be
present; first, the employment of means of execution that gives the persons attacked no opportunity to defend
himself or retaliate; and the means of execution were deliberately or consciously adopted.
The appellant’s sudden attack on Romeo amply demonstrates that treachery was not employed in
the commission of the crime. Records shows that appellant initially came from behind and then attacked
Romeo from the front. In any event, “even a frontal attack could be treacherous when unexpected and on an
unarmed victim who would be in no position to repel the attack or avoid it,” as in this case.
The essence of treachery is that the attack comes without a warning and in a swift, deliberate, and
unexpected manner, affording the hapless, unarmed, and unsuspecting victim no chance to resist or escape.

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People vs. Amora G.R. No. 190322 November 26, 2014 Facts: On September 12, 2004, Anselmo, Aurelio and the victim Romeo were walking on their way to Sampol Market. Maricris and her son was at their back Appellant suddenly rushed towards them and stabbed Romeo twice. Romeo fell to the ground while the ...
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