Is treachery present when a person is killed while asleep or just awakened?

It has been repeatedly held by this Court that there exists the qualifying circumstance of treachery when one takes the life of a person who is asleep. As for a victim who had just awakened when attacked, there was also treachery “because the victim, who may still be dazed and unprepared for the attack, would not be in a position to offer any risk or danger of retaliation to the attacker.

http://www.tanjutcolaw.com/index_files/faq_criminallaw.htm

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