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Treachery: Ruling:

Paragraph 16 of Article 14 of the Revised Penal Code (RPC): (1) YES. the prosecution has established the concurrence of the
at the time of the attack, the victim was not in a position to elements of murder: (1) the fact of death of Cabiedes and
defend himself; and (2) the accused consciously and deliberately Bulanan; (2) the positive identification of Adriano as one of
adopted the particular means, methods or forms of attack perpetrators of the crime; and (3) the attendance of treachery as
employed by him a qualifying aggravating circumstance and use of firearms and
abuse of superior strength as generic aggravating circumstances.
Facts:
The present case is a case of murder by ambush. In ambush,
The prosecution’s version:
the crime is carried out to ensure that the victim is killed and at
Adriano and 1 other was charged with Homicide for the killing the same time, to eliminate any risk from any possible defenses
of Ofelia Bulanan who was a bystander hit by a stray bullet, and or retaliation from the victim—ambush exemplifies the nature
Murder for killing Danilo Cabiedes who was then driving, of treachery. The victims were defenseless during the attack.
overtaken by Adriano’s car using a borrowed Corolla and
Even though it was not deliberate, Adriano is guilty of the death
subsequently was fired at. This all happened while 2 policemen
of Bulanan under Article 4 of the Revised Penal Code, pursuant
in civilian clothes riding a motorcycle were on their way to camp
to the doctrine of aberratio ictus, which imposes criminal
Olivas in Pampanga.
liability for the acts committed in violation of law and for all the
Adriano’s verson: natural and logical consequences resulting therefrom.

Adriano was at his home washing clothes, then went to the Finally, we ask, may treachery be appreciated in aberratio ictus
motorcycle repair shop, dropped of his daughter to the mother, (accidental harm to a person)?
watched a cock fight, went home and took a rest. He said that he
Although Bulanan's death was by no means deliberate, we shall
rented the said Corolla, but it was borrowed by a certain Garcia.
adhere to the prevailing jurisprudence pronounced in People v.
When he went to return the Corolla, he was arrested and tortured
Flora, where the Court ruled that treachery may be appreciated
by policemen.
in aberratio ictus.
The RTC convicted Adriano of Murder and Homicide as he was
It is likewise uniform holding that denial and alibi will not
not able to provide clear and convincing evidence of his claims
prevail when corroborated not by credible witnesses but by the
and failed to prevail over the testimonies of the policemen POI
accused's relatives and friends
Garabiles and P02 Santos.
Issue: was he rightly convicted?