People of the Philippines vs. Gilbert Alegre y Nazaral,
G.R. No. 254381, February 14, 2022
Facts:
1. Around 7:00 p.m., security guards John Monito Tagle, Ronald Pascua, and Isidro Magpusao, were on duty. A few moments later, Tagle heard a knock on the gate. He opened the gate and saw Alegre, who was also a security guard thereat. Tagle informed Alegre to report to the operations manager and he subsequently let him in.
2. Alegre then told Tagle that Pascua had been saying bad things about him. Tagle cautioned him to keep quiet as Pascua was just washing dishes inside. However, Pascua overheard their conversation and asked Alegre about what he was saying. Alegre then started cursing at Pascua and told him that he lost his job because of him. A heated exchange ensued between the two.
3. Afterwards, Alegre motioned to his waist area and drew his .38 caliber gun.
4. Alegre pulled the trigger and shot him on the neck.
5. When Pascua dropped to the ground, Alegre approached him, almost kneeled on top of him, and proceeded to shoot him on the head.
Issue:
Whether or not the qualifying circumstance of treachery attended the killing of Pascua.
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Ruling:
No. The Supreme Court held that the Accused is liable only for the crime of homicide and not murder.
To appreciate treachery as a qualifying circumstance, two conditions must be met: (1) the assailant employed means, methods or forms in the execution of the criminal act which give the person attacked no opportunity to defend himself/herself or to retaliate; and (2) said means, methods or forms of execution were deliberately or consciously adopted by the assailant.
It has been repeatedly held that "chance encounters, impulse killing or crimes committed at the spur of the moment or that were preceded by heated altercations are generally nor attended by treachery for lack of opportunity of the accused to deliberately employ a treacherous mode of attack. Stated otherwise, there can be no treachery when the attack is preceded by a heated exchange of words between the accused and the victim, or when the victim is aware of the hostility of the assailant towards the former.
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