People vs.

Dawaton
GR No. 1446247. September 17, 2002.
Facts:
Esmeraldo Cortez was inviting over guests to his house on September 20, 1998. His brother-in-law Edgar Dawaton
and kumpadre Leonides Lavares arrived at 12:00 noon. Domingo Reyes arrived shortly thereafter. The group, all of
which are residents of Sitio Garden, Brgy. Paltic, Dingalan, Aurora, started drinking. Came 3:00 pm, they decided to
transfer to the house of Edgar Dawaton's uncle Amado after the group has finished four bottles of gin.
Upon arriving at the elder Dawaton's house, they proceeded at the balcony and continued their drinking spree there.
The elder Dawaton was not home at the time of their session. Leonides, due to his drunkenness, opted to sleep on
the papag or wooden bench on the balcony area, as the three continued drinking until they finished another bottle of
gin.
At around 3:30 pm, Edgar stood up and left for his house. He went back with a stainless knife ranging 2-3 inches in
length and used it to stab the sleeping Leonides near the base of his neck. Awakened by the sudden attack,
Leonides was distraught of his companion's deed against him. Edgar gave him another stab on the upper part of his
neck, spilling blood on the arm of Leonides.
Leonides tried to escape for his life, but the bigger Edgar grabbed him from the collar of his shirt and stabbed him
multiple times. Leonides still managed to move 20 meters away from the elder Dawaton's house, but he dropped in
front of the Cortez residence. From that point, Edgar continuously stabbed him until Leonides expired. After the
incident, he fled to the house of his uncle Carlito Baras, where he was arrested by the authorities, who found him
when people surrounding the body of Leonides pointed them to Edgar's whereabouts.
Domingo and Esmeraldo was shocked by the incident. Both failed to convince Edgar to stop stabbing Leonides, yet
they were not able to help the poor victim.
II. Issues
1.Whether or not the sentence of the trial court charging Dawaton guilty of murder qualified by treachery is valid.
2.Whether or not the account of Dawaton on his provocation by the victim, leading to the commission of the murder,
is valid.
Held:
1. Yes. Treachery is involved in the commission of the crime. There is no question to that, since it is proven by the
prosecution witnesses that at the time of the commission, the victim was drunk and fast asleep, and that Edgar
unexpectedly started to attack the victim in his sleep. Hence the victim lacked the opportunity to defend himself from
the attack.
2. No. There was no evidence to prove that account, as said by Domingo and Esmeraldo themselves.
The presence of a grenade being threatened to be used by the victim, as mentioned in another version of the facts
prepared by Edgar, is not merited. The prosecution witnesses belied it and maintained that the victim was fast asleep
and not in a belligerent manner against the accused. In fact, they claim that the attack was so unexpected, the two
having been in good terms to each other prior to their drunkenness.