Facts:

The case involves the killing of Georgie Vilando by the accused-appellant. The accused admitted that there was no grudge between him and the victim. The incident occurred when the accused put his arm around Georgie Vilando, which gave no reason for those around them to expect that the accused would stab Georgie Vilando. The stabbing was sudden and swift, and nobody was able to react immediately. The trial court found that treachery attended the killing of Georgie Vilando based on the testimony of Juvy Vilando, the victim's sister, and Ronnie Antonio, an eyewitness who was walking behind the group at the time of the incident. Ronnie Antonio testified that the accused went behind Georgie and stabbed him twice on the chest. The wounds described by Ronnie Antonio coincided with the description made by Dr. Fe Mercado, who conducted the post mortem examination on the victim's body.

Issue:

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Ruling:

The Supreme Court affirmed the trial court's decision that treachery attended the killing of Georgie Vilando. The court explained that treachery is present when there is a sudden and unexpected attack on an unarmed victim without the slightest provocation. In this case, the accused approached Georgie Vilando from behind, placed his arm on his shoulder, and simultaneously stabbed him twice. This manner of execution ensured the accused's safety from any retaliation from the victim. The speed and sudd...(Unlock)

Ratio:

The court based its decision on the presence of two conditions for treachery: (1) the employment of means, method, or manner of execution that would ensure the offender's safety from defensive or retaliatory acts by the victim, and (2) the delibe...continue reading