Casper and Catalino were charged with murder in an Information, which reads:
“That on or about the 16th day of April, 2010, at about 9:00 x x x in the evening in Barangay Otso, Municipality of Gandara, Province of Samar, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating together and mutually helping and aiding one another, without justifiable reason and with deliberate intent to kill and with treachery, which qualify the offense into Murder, did then and there willfully, unlawfully and feloniously attack, assault and took turn in stabbing one Ernesto Cabatingan with the use of deadly weapons, which the accused had conveniently provided themselves for the purpose, thereby inflicting upon the victim serious and fatal stabbing wounds on the different parts of the victim’s body which were the direct and immediate cause of his death.”
The trial court convicted the offenders with murder after finding that treachery and abuse of superior strength attended the commission of the crime.
A. To appreciate treachery, what are the circumstances that must be proved by the prosecution?
B. Is the pronouncement of the trial court on the presence of abuse of superior strength proper?
‘Stand by things decided’ ~ Stare Decisis