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Lugmay and Tanasio went to collect debts in Bukidnon. While Lugmay was eating bread, he was suddenly shot from behind and killed. Tanasio saw the accused Tunhawan still holding the gun about 10 meters away after hearing the gunshot. The court ruled that treachery was present because the victim was shot from behind suddenly and unexpectedly while sitting on his motorcycle, unable to defend himself. Treachery involves a sudden and unexpected attack that renders the victim unable to defend himself.

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Samuel Walsh
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57 views1 page

89

Lugmay and Tanasio went to collect debts in Bukidnon. While Lugmay was eating bread, he was suddenly shot from behind and killed. Tanasio saw the accused Tunhawan still holding the gun about 10 meters away after hearing the gunshot. The court ruled that treachery was present because the victim was shot from behind suddenly and unexpectedly while sitting on his motorcycle, unable to defend himself. Treachery involves a sudden and unexpected attack that renders the victim unable to defend himself.

Uploaded by

Samuel Walsh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Case People vs. Tunhawan, G.R. No.

81470, 27 October 1988

Facts Lugmay and Tanasio went to Bukidnon to collect debts from Ocmayon. While
waiting, they bought bread from a vendor. While Tanasio was in the act of
receiving his change from the bread vendor, he heard a gunshot and saw that
Lugmay was hit at the back. When Tanasio looked towards the direction of the
shot, he saw the accused Tunhawan still holding a Garand rifle at a firing
position, some ten meters away from them.

Issue WON treachery is present

Ruling Yes. The element of treachery, which qualifies the killing of Virgilio Lugmay to
murder, has been amply proven as the evidence shows that the victim was
shot from behind suddenly and unexpectedly while sitting on a parked
motorcycle eating, hence, unable to defend himself. This Court has declared
that there is treachery in a sudden and unexpected attack which renders the
victim unable to defend himself by reason of the suddenness and severity of
the attack.

Doctrine

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