Aggravating circumstance Q: X was tried and convicted by the court for the crime of conspiracy to commit rebellion. His now serving his sentence behind bars, while he was serving his sentence, the President issue a grant of amnesty, X availed the amnesty granted and released from prison. Another year, X charged of sedition. Judge convicted him conspiracy to commit sedition. Amnesty obliterates and erases. -treachery: / SC ruled that if a minor is involved, there is always treachery in murder. /People vs. Sipo /Pp vs. Moreno, even if the victim has must able to put up a fight or retaliate by reflexes, treachery still attended the commission the crime for as long as he was not able to repel the initial attack. Murder qualified with treachery, aggravated by dwelling because the accused violated the privacy of victims abode /Tony Leviste case - Treachery to arise it is necessary that at the inception of the attack, the victim was not be able to put up any defense. Treachery did not attend the commission of the crime. PP vc. Vicente Bilbar -when the meeting of the accused and the victim is casual and attack was done impulsively , even if is sudden, there was no treachery attended the commission of the crime.
