People vs. Kalipayan (2018)

PEOPLE OF THE PHILIPPINES vs. ARNEL KALIPAYAN

G.R. No. 229829, January 22, 2018

GESMUNDO, J:

Facts: Accused-appellant was charged with the crime of murder committed against Glaiza when, at around 5:45 p.m., he entered Glaiza’s house without permission, approached Glaiza who was preparing dinner, stabbed her in the back and held her hair. The victim’s mother tried to stop accused-appellant but the latter poked the knife at her, telling her not to interfere as it was none of her business. When accused-appellant was gone, Glaiza was brought to the hospital where she was declared dead on arrival.

 Accused-appellant claimed that he confronted Glaiza because he believes that the latter was having an affair with another man. Glaiza was angry at him, and thereafter went to the kitchen, and he followed her. Accused-appellant took a knife from the sink and threatened Glaiza, causing the latter to slap him and when the latter lost control, he started stabbing Glaiza, and he could not remember the number of times he stabbed her.

 Issue: Whether or not the killing was attended by the qualifying circumstance of treachery.

 Ruling: Yes, treachery is present in this case. Treachery constitutes two (2) elements: (1) the employment of means of execution which gives the person attacked no opportunity to defend or retaliate, and (2) that said means of execution were deliberately or consciously adopted.

First, the accused-appellant unexpectedly entered the house, went straight for Glaiza, and immediately, without warning and through an almost stealthy manner, stabbed the latter numerous times. There was no heated discussion immediately prior to the incident. Glaiza was attacked in the back, with accused-appellant holding her hair to prevent her from moving. Second, the mode of attack, of suddenly entering the house and going straight to where Glaiza was while the latter was preparing food, is also clearly indicative of his nefarious plan to attack when Glaiza was not in a position to defend herself.

 Ratio Decidendi: A swift and unexpected attack on an unarmed victim that insures its execution without risk to the assailant arising from the defense of his victim is an indication that treachery is present.

Gist: This is an appeal from the Decision of the Court of Appeals, which affirmed with modification the Judgment of the Regional Trial Court of Tacloban City, Branch 34, finding accused-appellant Amel Kalipayan guilty of murder.