PEOPLE V TOLENTINO

G.R. NO. 176385 : February 26, 2008

Facts:
In the killing of Josita Novelo, the victim was at her home when someone called
her. When the victim went outside, suddenly Jesus Trinidad held her. Thereafter,
Jesus Trinidad and Arnel Trinidad mauled Josita Novelo. Without warning, Jesus
Trinidad shot the helpless victim on the cheek.
While Bea, whose hands were tied behind his back, and the assailants were
walking along the dike, Emelio Tolentino unexpectedly stabbed the victim four
times.
Issue:
Was there treachery in this case?
Held:
Yes. The essence of treachery is a deliberate and sudden attack, affording the
hapless, unarmed and unsuspecting victim no chance to resist or to escape.
Frontal attack can be treacherous when it is sudden and unexpected and the
victim is unarmed. What is decisive is that the execution of the attack made it
impossible for the victim to defend himself/herself or to retaliate.