[No. 6432. March 22, 1911.

THE UNITED STATES, plaintiff and appellee, vs. PEDRO BALAGTAS and GREGORIO JAIME, defendants and
appellants.

TRENT, J.:

The deceased was strucked by one of the defendants in the face and while still unconscious, threw the
deceased in a small pond of water, face down, which resulted to his death.

Issue:

WON treachery attended the crime.

Ruling:

No. The fact that the accused threw the victim into the water, face downward, while he was still alive
and in a helpless and defenseless condition, does not constitute alevosia as defined in paragraph 2 of
article 10 of the Penal Code. The knocking down of the victim, striking him while on the ground, and
throwing him into the water were all done in so short a time and one movement followed the other in
such rapid succession as to constitute one and the same attack.