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[G.R. No. 139456.

July 7, 2004]

PEOPLE OF THE PHILIPPINES, appellee, vs. ADONES


ABATAYO, appellant.

there is treachery when the offender commits any of the crimes against persons, employing
means, methods or forms in the execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which the offended party might make.
[53]
It requires the concurrence of two conditions: 1) employment of means of execution that gives
the person attacked no opportunity to defend himself, much less to retaliate; and, 2) deliberate
or conscious adoption of the means of execution.[54] The essence of treachery is the sudden and
unexpected attack by an aggressor on an unsuspecting victim, depriving the latter of any real
chance to defend himself and thereby ensuring its commission without risk to himself.[55]

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