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Legal Analysis of Treachery

The Supreme Court of the Philippines ruled on a case involving the murder of a victim by Napalit. The victim was walking with companions when Napalit shouted insults and then stabbed the victim in the back with an ice pick. As the victim and his companions attempted to flee, Napalit's group pursued them. The victim fell to the ground and later died at the hospital. The Court affirmed the lower courts' finding that treachery was present, as the sudden and unexpected attack deprived the unsuspecting victim of any chance to defend himself.

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204 views1 page

Legal Analysis of Treachery

The Supreme Court of the Philippines ruled on a case involving the murder of a victim by Napalit. The victim was walking with companions when Napalit shouted insults and then stabbed the victim in the back with an ice pick. As the victim and his companions attempted to flee, Napalit's group pursued them. The victim fell to the ground and later died at the hospital. The Court affirmed the lower courts' finding that treachery was present, as the sudden and unexpected attack deprived the unsuspecting victim of any chance to defend himself.

Uploaded by

Dales Batoctoy
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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People of the Philippines vs. Napalit, GR No.

181247, 19 MARCH 2010, Second Division, Del Castillo

Parties:
Appellee – People
Appellant – Napalit

Treachery is present when the offender employs means, methods, or forms in the execution of the crime
which tend directly and especially to insure its execution without risk to himself arising from any
defensive or retaliatory act which the victim might make.

The victim and his companions passed by the group of appellant when the latter shouted “ano gusto nyo away” and
stabbed the victim with an ice pick at the back. They attempted to flee but were pursued by the group of appellant.
Victim fell to the ground was brought to the hospital and died. Appellant was charged with murder. Was the killing
attended by treachery, which both the TC and CA found in the affirmative?

Yes. The essence of treachery is the sudden and unexpected attack by the aggressor on an unsuspecting victim,
depriving him of any real chance to defend himself. Even when the victim was forewarned of the danger to his person,
treachery may still be appreciated since what is decisive is that the execution of the attack made it impossible for the
victim to defend himself or to retaliate. In the case, no doubt that the victim was surprised by the attack coming from
the appellant. The victim was merely walking along the street unsuspecting of any harm that would befall his person.
The victim was indisputably caught off guard by the sudden and deliberate attack coming from the appellant, leaving
him with no opportunity to raise any defense against the attack.

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