Casedigest By Daphne Suelto.docx

People of the Philippines vs. Adriano Cabrillas, Benny Cabtalan February 15, 2012 G.R. No. 175980

FACTS: An information for murder was filed against Benny Cabtalan and co-accused Adriano Cabrillas for the death of Jesus Cabujat on the 11th of July 1999 in Barangay Laygayon, Pinabacdao, Samar. In the present case, one witness named Wilfredo Pacayra alleged that he overheard the plan of both accused, who tucked bolos in their waists at that time, to assault someone that night. Pacayra averred that both accused hid in a dark portion of the road where Cabujat urinated and proceeded on stabbing Cabujat alternately while both were holding his shoulders. The same testimony was given by the granddaughter of Cabujat, Jonalyn, who testified that both accused held the arms of her grandfather and that Benny stabbed him. Elena, the daughter of Cabujat, also witnessed as both accused fled from the area. Benny, accused-appellant, was arrested two years after the incident where he was convicted by the RTC for the crime of murder. The CA affirmed the same judgment. Hence, this petition. ISSUE: Benny assails that the judgment was erroneous for qualifying the killing with treachery into murder when the testimony of Pacayra is not credible. HELD: The petition is without merit. Murder is the unlawful killing by the accused of the person, which is not parricide or infanticide, committed with any of the attendant circumstances enumerated in Article 28 of the Revised Penal Code, among which is treachery. 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. From the testimonies of the witnesses, it is clearly apparent that treachery attended the killing when both accused made use of the dark to conceal their presence, by attacking from behind and holding the shoulders of Cabujat to insure that he is unaware and unable to resist such attack. The court further disregards the argument that the testimony of Pacayra is delayed. It is notable that the arrest of Benny was only two years after the incident which suspended the trial of the case. Hence, the delay in Pacayra’s appearance in court as a witness is justifiable.