2024 Criminal Law, Q13

Allen, David, and Edward are investigative journalists who exposed public officials engaged in corrupt practices. They received death threats every day from unknown sources. One day, they received a letter which states: “Are you ready to meet the Lord tomorrow??? … Allen @1pm …. David @3pm …. Edward @7pm.” The following day, Allen was fatally stabbed at 1:00 p.m. while David was gunned down dead at 3:00 p.m. At that moment, Edward sensed that his life was in danger. At 7:00 p.m., Edward went to church and prayed for his safety. A parishioner sat beside Edward and whispered to him: “The Lord will not protect you!” The parishioner repeatedly stabbed Edward on his chest resulting in his instantaneous death. The police arrested the parishioner, later identified as Harold, and charged him with murder qualified by treachery. At the trial, Harold argued that the death threats and the manner of attack forewarned Edward about his impending death which negate treachery. Is Harold criminally liable for murder aggravated by treachery? Explain.

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Why is Harold criminally liable for murder qualified by treachery despite Edward being forewarned by death threats?

Under Article 14(16) of the Revised Penal Code, what is the essence of treachery in crimes against persons?

How does Philippine jurisprudence treat a claim that prior death threats negate the existence of treachery?

What two requisites must concur for treachery to be appreciated under Article 248 of the Revised Penal Code?

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In the case of Edward, how did Harold consciously adopt a treacherous mode of attack?

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1. Elements of Treachery
Under Article 14, paragraph 16 of the Revised Penal Code, treachery is present when the offender commits any of the crimes against persons, 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 lies in the sudden, unexpected, and conscious adoption of a mode of attack that deprives the victim of any real opportunity to defend himself, thereby ensuring the accomplishment of the crime without danger to the perpetrator.

2. Forewarned Victim Rule
Philippine jurisprudence holds that prior warning or general anticipation of danger does not automatically negate treachery. Even if a victim was forewarned by death threats or aware that his life was in jeopardy, treachery may still be appreciated if the actual attack was launched so suddenly and unexpectedly that the victim was rendered completely defenseless. The critical test is not whether the victim anticipated danger in abstract terms, but whether the specific mode and execution of the attack afforded the victim any immediate opportunity to resist or defend himself at the moment of assault.

3. Mode of Execution
For treachery to qualify a killing to murder under Article 248 of the Revised Penal Code, two requisites must concur: the employment of means of execution that gives the person attacked no opportunity to defend himself or to retaliate, and the deliberate or conscious adoption of the means of execution. Approaching a victim while pretending to be a fellow worshiper inside a house of prayer and delivering sudden fatal stabs to the chest constitutes a consciously chosen method designed to catch the victim off guard, ensuring execution without risk.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026