GR No.

224498 January 11, 2018

People of the Philippines, plaintiff-appellee
Vs.
PFC Enrique Reyes, accused-appellant

Tijam, J.:
Facts: Accused-appellant Enrique Reyes fired his rifle upwards in a public area. During
the firing, Danilo was then walking towards his house after tending to his fighting cock,
and accused-appellant suddenly fired at him from behind, causing him to fall on the
ground. Accused-appellant took the firearm tucked in Danilo’s waist, and fired the same
upwards thrice. Afterwards, he placed the gun on Danilo’s right hand and turned the
latter’s body on a lying position. When the firing stopped, other people on the area tried
to get Danilo’s body. Accused-appellant fired his Armalite upwards, saying “walang
kukuha nito,” and then walked to his house. When the policemen later arrived, accused-
appellant was arrested.

Issue: whether or not the element of treachery is present.

Ruling: Yes. There is treachery when the offender, in committing any of the crimes
against persons, employs means or methods which tend to directly and specially ensure
its execution, without risk to himself arising from the defense which the offended party
might make.
Accused-appellant’s shots were multiple and successive, depriving Danilo of any
chance to run or to defend himself and repel the attack. The foregoing circumstances are
manifestly indicative of the presence of the conditions under which treachery may be
appreciated. Thus, the crime committed is murder.