CASE TITLE:

People of the Philippines vs. Jenny Likiran alias Loloy, GR

No. 201858, June 04, 2014
FACTS:
On March 19, 2000, during the eve of town fiesta in
Barangay Bugca-on, Lantapon, Bukidnon, a dance was held
in a basketball court where Jerome Likiran, brother of Jenny
Likiran, suddenly punched Prescado Mercado in the mouth.
Constancio Goloceno, the friend of the latter, tried to assist
him, however the former and his brother, Jenny Likiran, were
armed by short firearm and a hunting knife so he backed off.
The other colleagues of Mercado, who are Rolando Sareno,
Sr. and Celso Dagangon, were outside the dance area heard
the commotion. Dagangon saw Jerome Likiran approached
Sareno and shot him several times. As Sareno tumbled,
Jenny Likiran stabbed him at the back. He brought Sareno to
the hospital but he was already dead. He suffered multiple
shots and a stab wound at the left scapular area.
Jenny Likiran was convicted for the crime of Murder in the
Regional Trial Court, Malaybalay, City Branch 8. Jerome was
not impleaded in the Information and the Court did not
acquire any jurisdiction over him. The Court of Appeals
affirmed the decision of RTC. The accused-appellant insisted
his innocence.

ISSUE:

Whether or
committed.

not

treachery

is

attendant

to

the

crime

RULING:

No. The Supreme Court (SC) held that treachery is not

appreciated in this case as the prosecution failed to establish
all elements in the qualifying circumstances.
The treachery is appreciated if the following elements are
shown: a) the malefactor employed means, method or
manner of execution affording the person attacked no
opportunity for self-defense or retaliation; and b) the means,
manner and execution was deliberately or consciously
adopted by the offender. Treachery is not present when the
killing is not premeditated, or where the sudden attack is not
preconceived and deliberately adopted, but is just triggered
by a sudden infuriation on the part of the accused as a result
of a provocative act of the victim, or when the killing is done
at the spur of the moment.
As such, in this case, it appears that the incident of shooting
and stabbing of Sareno was a spur or moment incident and a
result of brawl during the dance. Undeniably, the prosecution
failed to show that the accused-appellant and his brother
deliberately planned the means by which they would harm
Sareno.
Thus, the crime of Murder against accused-appellant Jenny
Likiro was modified in a lesser crime of Homicide and the
latter was thereby found guilty of the same. With this, the
conviction of homicide was hereby imposed to accused.

OPINION:

I humbly agree with the alteration of the crime of Murder to

Homicide charged against Jenny Likiran. In a thorough
scrutiny, the SC has affirmed that there is no treachery
present in this case. One (1) of the elements of treachery
which is the means, manner and execution was deliberately
or consciously adopted by the offender was not established
by the prosecution.
As stated in the resolution, the testimonies of the prosecution
witnesses all point to the fact that the said brawling incident
was transpired out of a sudden. The victim was an innocent
bystander who unfortunately became the target of Jenny
Likiran and his brother, Jerome. With this, the treachery in
this case does not exist.
Moreover, I approve that in line with the modification of the
crime charged against the accused-appellant, the fair and
lawful conviction shall be applied.

CRIM 1
Case Digest

Prepared by:
Angel Planillas
First Year M2

Submitted to:
Judge Cicero D. Jurado, Jr.