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People v Feloteo

Fact: In the evening of May 1993, the vicitim, Sonny Sotto accompanied by his

friends Abelada and Abrea, were waling along the highway in !arangay !int"an,

#oron, Palawan$ %hey had few drins that day and were on their way home$ Abrea

waled ahead of the gro"p and was followed by Abeleda$ After a few while, theacc"sed, &ilfredo Feloteo, appeared on the opposite side of the road and waled

pass Abrea and Abeleda$ 'e was armed with an armalite ri(e and witho"t "ttering a

word, the acc"sed aimed the armalite at Sotto and pressed its trigger$ Sotto was hit

above the left chest and fell on the gro"nd, face down$ Abeleda and Abrea

scampered away to )nd help, while the acc"sed (ed from the crime scene$ %en *1+

min"tes later, Abeleda and Abrea, accompanied by !arangay %anod %ito Abrina and

a certain Inyong Adion, ret"rned to the loc"s criminis$ %hey fo"nd Sotto dead$

 %he )rearm "sed in the shooting was owned by one SP-. /oman Adion who

alleged that the acc"sed had stolen the service )rearm of SP-. Adion to be "sed by

him for a special d"ty$

'owever, the acc"sed denied stealing the )rearm and contends that he only

was looing for SP-. Adion to ret"rn the arm ri(e$ 'e also adds that the shooting

was an accident$

After trial, acc"sed was fo"nd g"ilty as charged$ 'e was sentenced to s"0er

the penalties of recl"sion perpet"a, for m"rder committed with aggravating

circ"mstance of treachery, and imprisonment of twenty *.+ years, for illegal

possession of )rearm$ 'e was f"rther ordered to pay the heirs of Sotto the amo"nt

of )fty tho"sand pesos *P+,+++$++, as civil indemnity$

Issues2 &hether or ot the trial co"rt erred in appreciating the 4"alifying

circ"mstances of treachery$

&hether or ot penalties against appellant can be red"ced

Held: o, the 'igh co"rt r"led that the 4"alifying circ"mstance of treachery is

present$

Par$ 15, Article 16 of /evised Penal #ode, the 4"alifying circ"mstance of

treachery is present when the o0ender employs means, methods, or forms of

e7ec"tion which tend directly and especially to ins"re its e7ec"tion witho"t ris to

himself arising from any defensive or retaliatory act which the victim might tae$ %he contention of the acc"sed that the said attac was front also Sotto new it was

impending8 Also, Sotto was warned, albeit oingly that he wo"ld be shot, is

"ntenable$

S"preme #o"rt reects this saying that the settled r"le is that treachery can e7ist

even if the attac is frontal if it is s"dden and "ne7pected, giving the victim no

opport"nity to repel or defend himself$

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 :es, the penalties against appellant can be red"ced by invoing the

amendments "nder P$; 1