People v.

Sison
GR 109617 Aug. 1997
FACTS:
Cesar Abaoag was at the barangay road in front of his house with his elder brother when all
of a sudden, Ronnie Manuel arrived coming from the west complaining that he was being
chased by Felipe Sion and Johnny Juguilon. Seconds later, Felipe Sion and Johnny Juguilon
appeared and started throwing stones. Fernando Abaoag told them to stop throwing stones
but before they desisted and left. While Abaoag was inside his house, he heard the sound of
stone throwing at the nearby house of his brother Fernando.
He saw his brother Fernando already outside his house. He also saw Johnny Juguilon, one of
the members of the group of stone throwers, hurl a big stone against Fernando. Felix Sion,
Edong Sion and Miguel Disu who were also throwing stones towards his direction. On the
other hand, appellant Felipe Sion, who was near the victim, with a very sharp double bladed
dagger, stabbed Fernando multiple times.
Cesar tried to extend help to his brother but he was hit by a stone. He heard the assailants
shouting that he will also be killed, so he desisted in helping brother. He ran to his brothers
house to call his brothers wife. When they got there the assailants were no longer there and
found her husband lying weak and dying. The victim died after being rushed in the hospital.
On June 1992, Sison was arrested. On June 1992, RTC annulled and voided the bail. The case
was proceeded only against Sison and Disu because they were the only ones arrested.
ISSUE: WON the appellants are guilty of murder- qualified by treachery. WON there was
conspiracy. WON there is treachery?
RULING:
1. The witness in detail has narrated what happened, and he was only 2 m away from the
attack, and the place was well lit. The alibi of the accused was given scant consideration.
2. There is conspiracy. Simultaneously throwing stones and stabbing the victim connotes
conspiracy. Direct proof of a previous agreement to commit a crime is not necessary; The
confluence of their acts indubitably manifested a community of interest and unity of purpose
and design to take Fernando Abaoag's life.
3. There is no clear and convincing evidence of treachery. In light of the absence of clear
details showing conclusively that the stabbing was inflicted from behind or the victim was
entirely helpless when stabbed, we are not prepared to conclude that the attack was "so
sudden and unexpected" as to render the victim entirely defenseless. Treachery cannot
qualify the killing to murder when the victim was forewarned of the attack by the assailant,
or when the attack was frontal, or the attack was not so sudden as to have caught the
deceased completely unaware.