No. L-15776. March 29, 1961.

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ADOLFO SAEZ, defendant-appellant.

Facts:

Appellant, armed with a rifle, was out patrolling their coconut plantation when he saw two men inside
the plantation. When appellant asked them who they were, and upon receiving no answers he fired
several shots at them—one of them was killed, while the other was able to escape unharmed. They
dumped the corpse in a dry well,

Issue:

WON the crime was attended by treachery.

Ruling:

No. Where the accused did" not make any preparation to kill his victim so as to insure the commission of
the crime, making it as the same time impossible or hard for the person attacked to defend himself or
retaliate and where he asked the deceased to identify himself before firing at him, the circumstance of
treachery cannot be appreciated against accused.