There's treachery even if preceded by verbal exchange if attack sudden, swift, unexpected

Treachery: Accused-appellant next argues that he should be made liable for homicide only. He claims treachery did not attend the killing of Domingo.

That treachery or alevosia was present is incontrovertible. The essence of this qualifying circumstance is the sudden and unexpected attack by the assailant on an unsuspecting victim, depriving the latter of any real chance to defend himself. It is employed to ensure the commission of the crime without the concomitant risk to the aggressor. The rule is well-settled in this jurisdiction that treachery may still be appreciated even though the victim was forewarned of danger to his person. What is decisive is that the attack was executed in a manner that the victim was rendered defenseless and unable to retaliate.

Concededly, victim Domingo was caught unaware that an attack was forthcoming. Although he had a verbal exchange with accused-appellant and Baloes, the assault was sudden, swift and unexpected. All of the passengers inside the jeepney, including Domingo, thought all along that the tension had ceased and that Glino and Baloes were about to alight. Domingo was overpowered by accused-appellant Glino and Baloes, who took turns in stabbing the hapless victim. By all indications, Domingo was without opportunity to evade the knife thrusts, defend himself, or retaliate. In sum, the finding of treachery stands on solid legal footing. (G.R. No. 173793; December 4, 2007)