Facts:
On February 7, 2014, an Information was filed charging
Gilbert Alegre y Nazaral with
Murder for an incident that occurred on December 1, 2013 at around 7:00 p.m. at Century Glass Center, Valenzuela City, where the victim
Ronald Pascua y Raza served as a security guard. The prosecution’s evidence established that Alegre went to the premises, engaged in a heated exchange with Pascua about alleged remarks that cost him his job, drew a .38 caliber revolver, shot Pascua in the neck, and after Pascua fell, approached and shot him in the head; bystanders
John Monito Tagle and
Isidro Magpusao intervened, wrested the gun away, and eventually brought Alegre to the police; Pascua died from gunshot wounds as confirmed by medico-legal autopsy. Alegre pleaded not guilty at his arraignment on March 21, 2014, and after pre-trial and trial on the merits the Regional Trial Court, Branch 75, Valenzuela City, rendered a Decision on November 13, 2018 finding him guilty of
Murder with the qualifying circumstance of
treachery, sentencing him to reclusion perpetua and ordering payment of civil, moral and exemplary damages of PHP 100,000.00 each and actual damages of PHP 86,900.00; the Court of Appeals affirmed on January 30, 2020, and Alegre appealed to this Court.
Issues:
Whether the qualifying circumstance of
treachery attended the killing of
Ronald Pascua y Raza.
Ruling:
Ratio:
Doctrine: