Jose Sison Sudden and unexpected

There are circumstances attending the commission of a crime which affect the criminal liability of the person committing it. For example, the killing of a person may qualify the crime from homicide into murder which has a heavier penalty, if it is done with treachery. This case of Robert explains the meaning of treachery.

Robert is married to Marie who is an elementary school teacher. Also working in the same school as Janitress is Beth who is known to be a lesbian. In fact Beth is living in a rented apartment with another woman named Stella.

In the school, Beth has also displayed some care and concern for Marie and usually helps the latter with her problems especially whenever she quarrels with her husband Robert after learning that Robert previously married another woman. Because of Beth’s care and concern for Marie, Robert suspected that Beth and Marie were also having an affair. In fact, one time Beth told Stella, her live-in partner that Robert has threatened to kill her.

Then one early morning, while Beth and Stella were having breakfast inside their room, Robert suddenly barged in and pulled a balisong (fan knife). Without any warning, he grabbed Beth by her neck and stabbed her in the back, causing her to fall down on the bed. And while already down, Robert continued to stab Beth on the left side of her body and near her heart. Stella who was just two feet away, tried to stop Robert by placing her right hand between the two and started to scream, tama na, tama na!  While doing so, Stella’s right hand was sliced and thus she failed to stop Robert, who then fled the crime scene. Stella then ran out and called for help. They brought Beth to a hospital but she was declared dead on arrival.

The hospital security guard then called the police who took pictures of Beth’s body and proceeded to the crime scene which he found in disarray with fresh blood stains on the cement floor. Post mortem examination showed that Beth sustained two stab wounds at the back and two fatal wounds in front of her body. Thereafter, Robert was charged with the crime of murder for killing Beth with treachery and evident premeditation.

For his defense, Robert said that he was in his province when the crime was committed attending the Holy Week activities. He said that he was arrested at the instance of his wife Marie who was furious at him after learning that he previously married another woman.

But the trial court still found Robert guilty beyond reasonable doubt of crime of murder and sentenced him to reclusion perpetua. The RTC said that the assault against Beth was done with treachery as it was sudden and unexpected, affording the latter no chance to defend herself. It did not however appreciate evident premeditation for the prosecution’s failure to prove that Robert deliberately planned Beth’s killing. This ruling was affirmed by the Court of Appeals (CA), giving full credence to Stella’s testimony as to the identity of Robert and as to how the killing was done.

Robert questioned the decision of the RTC and the CA. He contended, among others, that the attack was not sudden and unexpected because Beth had put up some kind of a fight or struggle as shown by the report of the police which found the room in disarray.

But the Supreme Court (SC) still affirmed the decision of the RTC and the CA. The SC said that the killing was qualified by treachery. There is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the victim might make. The essence of treachery is that the attack comes without a warning and in a swift, deliberate and unexpected manner, affording the hapless, unarmed and unsuspecting victim no chance to resist or escape. In this case, Robert suddenly burst into the room grabbed Beth’s neck and stabbed her in the back affording her no chance to defend herself and retaliate or repel the attack.

That the room was in disarray is only a natural consequence of the stabbing incident. It would be contrary to human experience if Beth and Stella remained perfectly still and just allowed Robert a free hand at stabbing them.(People vs. De La Cruz, G.R. 207389, February 17, 2016)

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