Elements of treachery

Treachery is present when the offender commits any of the crimes against persons, employing means, methods, or forms in the execution, which tend directly and specially to insure its execution, without risk to the offender arising from the defense which the offended party might make. (People v. Laurio, G.R. No. 182523, September 13, 2012)  In the case of People v. Orense (G.R. No. 213383, June 22, 2015), a credible eyewitness account established that accused-appellant, upon meeting Lumbera by the roadside, suddenly fired a sumpak against the latter, leaving him unable to defend himself or evade the attack. The assault on Lumbera ensured that accused-appellant would be able to consummate the crime without risk to his own person, hence, the qualifying circumstance of treachery.

Popular Posts