Francisco Sr., together with his son, Francisco, Jr. and Oliver planned to kill Ramon.
A day after Christmas Day, Ramon was approached by Oliver and greeted him, “Merry Christmas, Insan!”. Francisco Sr. approached Ramon from behind and suddenly hacked him with a bolo on the right shoulder. Francisco, Jr. followed it with hack to the left shoulder. Oliver then placed his arm over Ramon’s shoulders and stabbed him several times on the front portion of his body.
They were convicted for a crime of murder by the Supreme Court. The qualifying circumstance of treachery was appreciated by the Court.
The Court explained:
“The victim was not prepared to meet the initial attack made by Francisco Sr. as he was distracted by Oliver who greeted him, “Merry Christmas, insan!” He was then caught off guard by the subsequent blows delivered by the other assailants, which were successive and gave him no opportunity to defend himself. Moreover, he did not have the means to defend himself as he was unarmed. Hence, treachery was clearly present.”