People vs.

Peje

99 Phil. 1052, July 19, 1956

Labrador, J.

FACTS

Marcos Perea and his brother were assaulted by Peje, followed by firing shots that killed the victim.

ISSUE

Whether or not treachery attended the commission of the crime.

HELD

No. There was no treachery, because the firing of the shots that killed the deceased immediately
followed the assault by appellant upon the deceased and his brother. The firing being a mere
continuation of the assault, with no appreciable time intervening between the delivery of the blows and
the firing^ of the shots, it can not be said that the crime was attended by treachery.