Dear PAO,
My brother had an altercation with his coworker which resulted in a fistfight. He was hit on his head, and he fell to the ground. Then his coworker suddenly drew a pistol and shot my brother at the back of his head. His coworker admitted that he shot my brother in the back of his head, so I am assuming that treachery can be appreciated to qualify the crime as murder. Am I correct?
Artiglot
Dear Artiglot, Treachery is an aggravating circumstance which is found under Article 14 (6) of the Revised Penal Code of the Philippines: “ART. 14. Aggravating circumstances. — The following are aggravating circumstances: xxx (16) That the act be committed with treachery (alevosia).
“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 offended party might make.” In People of the Philippines vs. Malate, GR 254881, Oct. 23, 2023, which was penned by Associate Justice Mario Lopez, the Supreme Court expounded on the circumstance of treachery in this wise: “Corollarily, treachery exists when the offender commits any of the following crimes against the victim, employing means, methods or forms in the execution thereof, which tend directly and specially to insure its execution, without risk to himself or herself arising from the defense which the offended party might make. In order for treachery to be appreciated, two requirements must be established: (1) the victim was in no position to defend himself or herself when attacked; and (2) the assailant consciously and deliberately adopted the methods, means or form of one’s attack against the victim. The essence of treachery is the unexpected and sudden attack on the victim sans the slightest provocation on his or her part. What is decisive in treachery is that the execution of the attack rendered it impossible or difficult for the deceased to defend himself or herself, counter the attack or retaliate.” Corollary thereto, the mere act of shooting the victim at the back of the head does not automatically establish treachery. This is backed by the pronouncement in Aplacador vs. The Honorable Court of Appeals, et al., GR 223961, Oct. 6, 2025, where the Supreme Court, through Associate Justice Samuel Gaerlan, stated that: “The appellate court found Aplacador guilty of murder largely because he admitted to shooting Quilang at the back of his head while the latter was down, helpless and unable to defend himself. However, this fact alone is not sufficient to establish the presence of treachery beyond reasonable doubt.
“For treachery to be appreciated, it must be shown to have existed at the inception of the attack, and if absent and the attack continues, even if present at the subsequent state, treachery is not a qualifying or generic aggravating circumstance. The prosecution must adduce conclusive proof as to the manner in which the altercation started and resulted in the death of the victim. If the prosecution fails to discharge its burden, the crime committed is homicide and not murder.” Applying the above-quoted jurisprudence to your situation, the fact that the coworker of your brother admitted that he shot the latter at the back of his head per se will not automatically establish the circumstance of treachery. The following requisites should be established in order for treachery to be appreciated, first, the victim has no position to defend himself; and second, the means employed was consciously and deliberated against the victim. Absent these requisites, there is no treachery, which will mean that the crime committed is Homicide, and not Murder.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
