PEOPLE OF THE PHILIPPINES vs.

ARNEL Glaiza was while the latter was preparing food, is

KALIPAYAN, GR 229829, January 22, 2018 also clearly indicative of his nefarious plan to
attack when Glaiza was not in a position to
defend herself.
GESMUNDO, J: Ratio Decidendi: A swift and unexpected attack
Facts: Accused-appellant was charged with the on an unarmed victim that insures its execution
crime of murder committed against Glaiza when, without risk to the assailant arising from the
at around 5:45 p.m., he entered Glaiza’s house defense of his victim is an indication that
without permission, approached Glaiza who was treachery is present.
preparing dinner, stabbed her in the back and Gist: This is an appeal from the Decision of the
held her hair. The victim’s mother tried to stop Court of Appeals, which affirmed with
accused-appellant but the latter poked the knife modification the Judgment of the Regional Trial
at her, telling her not to interfere as it was none Court of Tacloban City, Branch 34, finding
of her business. When accused-appellant was accused-appellant Amel Kalipayan guilty of
gone, Glaiza was brought to the hospital where murder.
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
Page 1 of 1 PEOPLE OF THE PHILIPPINES vs. ARNEL KALIPAYAN, GR 229829, January 22, 2018