GR.No. 173477 February
4, 2009
People vs. Franco de Guzman
Criminal Case Digest
Digested Cases
Criminal Law
FACTS:
On November 14, 2003 in the evening, the accused Franco de
Guzman armed with a handgun and with a use of a
motorcycle to facilitate the commission of the offense, shoot
and hit Dr. Fidelito Manaois several times, inflicting
upon the latter gunshot wounds in the vital parts of his body
causing his death.
ISSUE:
Whether or not there is evident premeditation
HELD:
Yes, the court ruled that evident premeditation and treachery
is present. The essence of treachery is that the attack is
deliberate and without warning, done in a swift and
unexpected manner of execution affording the helpless and
unsuspecting victim no chance to resist or escape. In this
case, the victim Dr. Fidelito Manaois was shot fourteen times
resulting in numerous wounds in his body. The victim was
attacked suddenly and unexpectedly. Thus, the manner of the commission of the
crime was deliberately adopted when the assailants purposely stopped their
motorcycle, turned around and followed the tricycle where the victim and the eyewitness
rode. The assailants then attacked the victim and the eyewitness
in a secluded area to ensure that no one could witness the
crime or come to the victims aid.
