PEOPLE OF THE PHILIPPINES, Appellee.

v.s.
RICHARD NAPALIT y DE GUZMAN, Appellant.
G.R. No. 181247. March 19, 2010.
(Second Division)

There is treachery when the offender commits any of the crimes against the person, employing means,
methods or forms in the execution thereof which tend directly and specially to insure its execution, without
risk to himself arising from the defense which the offended party might make.

The essence of treachery is the sudden and unexpected attack by the aggressor on an unsuspecting
victim, depriving him of any real chance to defend himself. Even when the victim was forewarned of the
danger to his person, treachery may still be appreciated since what is decisive is that the execution of the
attack made it impossible for the victim to defend himself or to retaliate. In the instant case, there is no
doubt that the victim was surprised by the attack coming from the appellant. The victim was merely
walking along the street unsuspecting of any harm that would befall his person. That appellant shouted
ano, gusto nyo, away? immediately before stabbing the victim could not be deemed as sufficient warning
to the latter of the impending attack on his person. Records show that after challenging the unsuspecting
victim to a fight, appellant immediately lunged at him and stabbed him at the back. Under the
circumstances, the victim was indisputably caught off guard by the sudden and deliberate attack coming
from the appellant, leaving him with no opportunity to raise any defense against the attack. The mode of
the attack adopted by the appellant rendered the victim unable and unprepared to defend himself.