FACTS: The deceased and his wife were eating dinner.

When the deceased was about to get rice, the accused shot the deceased at the back while scooping the rice. The following day the doctor autopsied the deceased and stated the cause of death is cardio respiratory arrest secondary to gunshot wound and that the shot has no exit wound. The wife of the deceased filed a complaint against the accused.

ISSUE: Whether the accused is guilty of murder with the aggravating circumstance of treachery

RULING: The accused is guilty of Murder with the aggravating circumstance of treachery. The essence of treachery is the sudden and unexpected attack by the aggressor on an unsuspecting victim, depriving the latter of any real chance to defend himself, thereby ensuring its commission without risk to the aggressor, and without the slightest provocation on the part of the victim.