FACTS :

The victim, Cesario Agacer, was clearing and preparing the soil bedding section of his
farm. Genesis Delanter, his brother Andy, Rafael, and brother Roden were at the nearby rice
field harvesting the palay that Cesario had raised.

Suddenly, Florencio, Eddie, Elynor, Franklin, and Eric, all surnamed Agacer, came out of
the nearby banana plantation and went in the direction of Cesario. They then surrounded
Cesario and intimidated him. Cesario felt the hostilities and tried to get away. But the accused
started fire on Cesario’s harvest which prompted Cesario to return for his burning crops. While
Cesario was trying to put the fire out, Florencio ordered to go near Cesario. Eddie did what was
told and pulled out a shotgun from the rice sack that he was holding and shot Cesario on the left
portion of his chest. As Cesario fell, they fired then another shot inflicting mortal wounds on
Cesario. The gang of men then fled the scene. The Supreme Court affirmed the guilt of the
accused.

ISSUE: WON the lower court erred in finding that treachery as a qualifying circumstance
attended the commission of the crime.

HELD :

No. There is treachery when the offender commits any of the crimes against the person,
employing means, methods or forms in the execution thereof which tend directly and specially to
insure its execution, without risk to himself arising from any defense which the offended party
might make.he crime was committed in a manner that there was no opportunity for Cesario to
defend himself. Also, the mode of attack did not spring from the unexpected turn of events but
was clearly thought of by the appellants. The Court AFFIRMS the November 17, 2006 Decision
of the Court of Appeals , guilty beyond reasonable doubt of the crime of murder.