11.

Mahinay
Murder qualified by treachery

Art. 251. Death in tumultuous affray

Elements:

1. That there by several persons

2. That they did not compose groups organized for the common purpose of assaulting and
attacking each other reciprocally
3. That these several persons quarreled and assaulted one another in a confused and tumultuous
manner
4. That someone was killed in the course of the affray
5. That it cannot be ascertained who actually killed the deceased
6. That the person or persons who inflicted serious physical injuries or who used violence can be
identified

The quarrel in the instant case is between a distinct group of individuals, one of whom was sufficiently
identified as the principal author of the killing, as against a common, particular victim. It is not, as the
defense suggests, a "tumultuous affray" within the meaning of Art. 251 of The Revised Penal Code, that
is, a melee or free-for-all, where several persons not comprising definite or identifiable groups attack
one another in a confused and disorganized manner, resulting in the death or injury of one or some of
them.

Art. 248. Murder

Elements:

1. That the person was illed

2. That the accused killed him
3. That the killing was attended by any of the qualifying circumstances mentioned in Article 248 –
this includes treachery
4. The killing is not paricide or infanticide

-Killing a person with treachery is murder even if there is no intent to kill

The killing of a victim is qualified with treachery, when the shooting way of killing the said victim was
sudden and unexpected to the point of incapacitating the victim to repel or escape it.

In the case at bar, the attack was qualified by treachery because

1. the deceased was relieving himself, fully unaware of any danger to his person when suddenly the
accused walked past witness Edwin Selda, approached the victim and stabbed him at the side. T

2. There was hardly any risk at all to accused-appellant; the attack was completely without warning

3. The victim was caught by surprise, and given no chance to put up any defense.