TREACHERY EXIST WHEN THE VICTIMS WERE ATTACKED WHILE THEY WERE

SLEEPING

People v. Sally
G.R. No. 191254; October 13, 2010
Velasco, Jr., J.

FACTS:
This case is an appeal for the decision rendered by the CA convicting Roel Ruel Sally
(Sally) of Murder.

Sally, together with the victims Edwin Lucas y Simon and Jose Bersero y Singco, and the
witness Roger Lara, while having a drinking session in their office, got into an altercation
but which was consequently abhorred. When the victims went to sleep, Sally hit them with
a metal pipe causing their death.

Sally denied the allegations contending that assuming that he killed the victims, treachery
does not exist for failure of the prosecution to prove that an iron pipe was used in the
killing nor was a weapon retrieved or presented in evidence, neither was the medico-legal
officer certain if an iron pipe would cause the injuries suffered by the victims. Hence, he
should be charged of homicide and not murder.

ISSUE:
Whether treachery exist in the killing of the victims?

RULING:
Yes. Whether or not an iron pipe was used in the killing is irrelevant. It is beyond argument
that the unconscious victims would have been unable to defend themselves from the
attack of the accused, regardless of the weapon used. Article 14, paragraph 16(2) of the
Revised Penal Code provides, There is treachery when the offender commits any of the
crimes against the person, employing means, methods or forms in the execution thereof
which tend directly and specially to insure its execution, without risk to himself arising
from the defense which the offended party might make. This precisely covers the situation
that accused-appellant took advantage of, when he attacked the victims while they were
sleeping. The essence of treachery is the sudden and unexpected attack by the
aggressor on unsuspecting victims, thereby ensuring its commission without risk to the
aggressor, and without the slightest provocation on the part of the victim.

Hence, the lower court was correct in appreciating the circumstance of treachery
accompanying the act, which qualifies the killing to murder.