People V.

Pelis
G.R. No. 189328 February 21, 2011
Brion, J.:

Facts:

Rolando Juan, the victim, was sitting with some companions inside a
Videoke Bar when Arnold Pelis, the appellant, and Entura came. Acting
together, and using knives, they stabbed the victim. Pelis stabbed Juan once
in the abdomen, while Entura stabbed Juan on his upper left chest. Pelis and
Entura then fled from the crime scene. Juan’s companion rushed him to a
nearby hospital where he died the next day.

Issue:

Whether or not treachery is present in the case.

Held:

Yes. Treachery is present in the case at hand.

The eyewitness account of Mario Makahilig is more plausible than

Pelis’ alibi. Positive identification, where categorical, consistent and not
attended by showing any ill motive on the part of the eyewitnesses, prevails
over alibi and denial, particularly where Juan had not shown the physical
impossibility of his access to the victim at the time and the place of the
crime.

Treachery qualified the killing to murder. Although frontal, the attack

was unexpected, and the unarmed victim was in no position to repel the
attack.

PEMBRAIDA P. ANDOY`