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TREACHERY OR ALEVOSIA

TREACHERY OR ALEVOSIA

As a qualifying circumstance — There is treachery when the offender commits any of the crimes against persons, employing means, methods, or forms in the execution thereof which tend to directly and specially insure its execution, without risk to himself arising from the defense which the offended party might make; the essence of treachery is the sudden and unexpected attack on an unarmed victim without the slightest provocation on the part of the victim; when established. (People vs. Ohayas, G.R. No. 207516, June 19, 2017)

As an aggravating circumstance —   Treachery is evident from the fact that the victim could not have been aware of the imminent peril to his life; there was treachery not only because of the suddenness of the attack but also because of the absence of an opportunity on the victim’s part to repel the attack. (People vs. Sabida, G.R. No. 208359, June 19, 2017)

—      Treachery or alevosia, is present when the offender adopts means, methods, or forms in the execution of the felony that ensure its commission without risk to himself arising from the defense which the offended party might make; alevosia is characterized by a deliberate, sudden and unexpected assault from behind, without warning and without giving the victim a chance to defend himself or repel the assault and without risk to the assailant. (People vs. Raytos, G.R. No. 225623, June 07, 2017)

Source: Supreme Court of the Philippines Website

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