RELATED TOPIC: Treachery
FACTS: Days before the incident, Flora had a violent altercation with a certain Oscar. Oscar’s uncle, Ireneo Gallarte, pacified the two. A dance party then was held to celebrate the birthday of a certain Jeng-Jeng. The party was attended by Flora, Rosalie Roma, Emerita Roma, and her aunt, Flor Espinas, and Ireneo Gallarte. The dancing went on past midnight when Flora fired his .38 caliber revolver twice. The first shot grazed the right shoulder of Flor Espinas, then hit Emerita Roma, below her shoulder. The second shot hit Ireneo Gallarte, his actual target, who slumped onto the floor.
ISSUE: Was the crime attended by treachery?
DECISION: Yes. The Court finds that the deaths of Emerita and Ireneo were attended by treachery. In order for treachery to exist, two conditions must concur, namely: (1) the employment of means, methods, or manner of execution that would ensure the offender’s safety from any defense or retaliatory act on the part of the offended party; and (2) such means, method or manner of execution was deliberately or consciously chosen by the offender.
When Hermogenes Flora suddenly shot Emerita and Ireneo, both were helpless to defend themselves. Their deaths were murders, not simply homicides since the acts were qualified by treachery.
Read the full case here.
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