No treachery if attack occurred in broad daylight, preceded by stone-throwing

In the case at bar, the fatal incident occurred at four in the afternoon, in broad daylight. The victims could not have been taken by surprise as the attack was preceded by stone-throwing and they had the opportunity of arming themselves, as they were inside their sister's house and one of them in fact had injured one of the attackers (Henry Fabregas). Considering, the rule that treachery cannot be inferred but must be proven as fully and convincingly as the crime itself, any doubt as to the existence of treachery in this case must be resolved in favor of the accused-appellant. [G.R. No. 108871. November 19, 1996]