That the crime be committed in consideration of a price,

-If there is intent to kill and explosion is used by the

reward, or promise

offender to accomplish his criminal purpose, it is murder

Basis: Greater perversity of the offender, as shown by

the motivating power itself

Presupposes the concurrence of two or more offenders:
1) The one giving or offering the price or promise
2)

- If no intention to kill, it will be a crime involving

destruction.
3) By means of derailment of locomotive
- Under Article 330, the crime of damage must result from

(Principal by inducement)
The one who accepts it
(Principal by direct participation)

It affects both the inducer and the inducee

Price, reward or promise must be for the purpose of

inducing another to perform the deed

The evidence must show that one of the accused used
money or other valuable consideration for the purpose

if the victim dies as a direct consequence thereof.

of inducing another to perform the deed.

If without previous promise, it was given voluntarily
after the crime had been committed as an expression of

damage to a railway, telegraph or telephone lines (Art. 330

penalizes damage to means of communication, derailment
of cars, collision or accident)
-Read book. Pp 403
( It explains other liability for other consequences of the
act)
PARAGRAPH 12 Versus PARAGRAPH 7

his appreciation for the sympathy and aid shown by

for the purpose of increasing the penalty
The price, reward or promise need not be given before
the commission of the crime.
That the crime be committed by means of inundation, fire,

That the act be committed with evidence premeditation

before executing it
Evident premeditation may be considered in principal

by inducement
The prosecution should prove the time when the intent

any other artifice involving great waste and ruin

to commit the crime was engendered in the mind of the

Basis: means and ways employed

Unless used by the offender as a means to accomplish a

accused, the motive which gave rise to it and the means

criminal purpose, any of the circumstances in paragraph

criminal intent.
Conspiracy presupposes premeditation except when the

12 cannot be considered to increase the penalty or to

which he had beforehand selected to carry out his

change the nature of the offense

When there is no actual design to kill a person in

conspiracy

burning a house, it is plain arson even if a person is

proof as to how and when the plan to kill the victim was

murder qualified by the circumstance that the crime was

only

implied.

If

implied,

evident

hatched or what time had elapsed before it was carried

to kill the victim, burned the house where the latter was,
and the victim died as a consequence, the crime is

is

premeditation may not be appreciated in the absence of

killed. On the other hand, if the offender had the intent

Basis: ways of committing the crime because evident

premeditation implies a deliberate planning of the act

poison, explosion, stranding of a vessel or international

damage thereto, derailment of a locomotive, or by the use of

great waste or ruin

Paragraph 7:
The crime is committed on the occasion of a calamity ot
misfortune

other accused, it should not be taken into consideration

Paragraph 12:
Crime is committed by means of any of such acts involving

out.
Evident premeditation and price or reward can co-exist
When victim is different from that intended,

committed by means of fire.

When used as a means to kill another person, the crime

premeditation is not aggravating UNLESS it shows that

is murder

intended victim but also anyone who may help him put

1) By means of fire
-there must be an actual design to kill and the use of fire
should be purposely adopted as a means to that end.
-Of the purpose of the explosion, inundation, fire or
poison is to kill a predetermined person, the crime
committed is murder

2)

the conspirators were determined to kill not only the

a violent resistance.
It is not necessary that there is a plan to kill a particular

person (check book for disagreeing jurisprudence)

Evident premeditation, while inherent in robbery, may
be aggravating in robbery with homicide if the
premeditation included the killing of the victim

By means of explosion

ESSENCE OF PREMEDITATION

The execution of the criminal act must be preceded by

premeditation for it must appear, not

cool thought and reflection upon the resolution to carry

only that the accused made a decision

out the criminal intent during the space of time

to commit the crime prior to the

sufficient to arrive at a calm judgment

Evident premeditation may not be appreciated when

moment of execution, but also that his

there is no proof as to how and when the plan to kill

calculation of reflection or persistent

was hatched or what time elapsed before it was carried

attempt.
There must be sufficient time between

decision was the result of meditation,

out.

the outward acts and the actual

REQUISITES OF EVIDENT PREMEDITATION

commission of the crime

The prosecution must prove:

1) The TIME when the offender determined to commit
the crime

Essential because the lapse of time for the

That the craft, fraud or disguise be employed

mental rather than the physical means to which the

purpose of the third requisite is computed

2)

from that date and time

An act manifestly indicating that the culprit has
clung to his determination

Must be based on external acts and not

presumed from mere lapse of time

Criminal intent must be notorious and manifest
and the purpose and determination must be
plain and have been adopted after mature
consideration on the part of the persons who

criminal resorts to carry out his design

CRAFT

Involves intellectual trickery and cunning on the part of

the accused
Trick, artifice, cunning or a skill applied for a bad

purpose
It is not attendant where the accused was practically in a

stupor when the crime was committed

Chicanery resorted to by the accused to aid in the
execution of his criminal design. It is employed as a

conceived and resolved upon the perpetration

of the crime, as a result of deliberation,
meditation and reflection sometime before its

3)

commission.
Mere threats without the second requisite does

not show evident premeditation

Existence of ill-feeling or grudge alone is not

proof of evident premeditation

sufficient lapse of time between

the

determination and execution

Lapse of time
o

scheme in the execution of the crime.

WHEN IS CRAFT NOT AN AGGRAVATING CIRCUMSTANCE

1)

2)

FRAUD

resolution of his will had he desired to

o

harken to its warnings

3 hours or less considered sufficient lapse
of time

Why is sufficient time required?

o The offender must have an opportunity to
coolly and serenely think and deliberate on
the meaning and the consequences of what

Insidious words or machinations used to induce the

victim to act in a manner which would enable the

offender to carry out his design

Deception employed to cause a person to give up
property or some lawful right

a day for meditation and reflection and to

allow his conscience to overcome the

aggravation
Where the unlawful scheme could have been carried out just
the same w/o the pretense.

which he intended to commit and was not

o

Where craft partakes of an element to the offense, the same

may not be appreciated independently for the purpose of

3 day s time to meditate upon the crime

prompted by impulse of the moment
Where the accused had more than one-half

Basis: means employed in the commission of the crime

Application is characterized by the intellectual or

CRAFT VERSUS FRAUD

Fraud:
When there is a direct inducement by insidious words
or machinations
Craft:
Pag wala, the act of the accused done in order not to
arouse suspicion of the victim constitutes craft

he planned to do, an interval long enough

for his conscience and better judgment to
overcome his evil desire and scheme.

Mere determination to commit the

crime does not itself establish evident

DISGUISE

The purpose of the offender in using any device must be

In these cases, the offenders may or might have superior

to conceal his identity

Examples:

The fact that the defendant had his face

strength, but they do not or did not take advantage of it.

blackened in order that he should not be

recognized constitutes disguise

When the defendant covered his face with

ILLUSTRATIONS OF ABUSE OF SUPERIOR STRENGTH

1)

person or one weakened by disease or where a persons

physical strength has been overcome by the use of drugs

handkerchief before committing the crime

WHEN

IS

unless when he can be recognized

Wearing masks to cover faces in order to

conceal their identity unless recognized

Illegally wearing a constabulary uniform
Assumed name in a publication of libel
DISGUISE

NOT

AN

or intoxicants. There is a marked strength between the

2)

wall by a third party. As he tried to escape, the victim

was fired at 3 times by the accused who were police
officers. The deceased was defenseless and under the

AGGRAVATING

When accused is recognizable

That advantage be taken of superior strength, or means be

employed to weaken the defense

influence of liquor, a clear case of abuse of superiority

3)

was present
The victim was an innocent baby and the wounded

4)

children were at the age of 5 and 12 years old

An attack made by a man with a deadly weapon upon
an unarmed and defenseless women constitutes the
circumstance of abuse of superiority which his sex and

ADVANTAGE BE TAKEN OF SUPERIOR STRENGTH

means of defense available to the person attacked

What matters is whether the aggressors took advantage
of their combined strength in order to consummate the

use of weapon afforded him

To take advantage of superior strength means to use

purposely excessive force out of proportion to the

WHEN IS ABUSE TO SUPERIOR STRENGTH AGGRAVATING

assessing

together with the nature of the weapon used may be

considered in appreciating the absence or presence of

the victim is a woman is inherent in parricide

There must be evidence that the accused were physically

stronger and that they abused such superiority

When there is an allegation of treachery, superior
strength is absorbed

ILLUSTRATIONS OF HAVING NO SUPERIOR STRENGTH

1)

One who attacks another with passion and obfuscation

2)

does not take advantage of his superior strength

When a quarrel arose unexpectedly and the fatal blow
was struck at a time when the aggressor and his victim

of

strength

notoriously

crime
1) Number of aggressors, if armed, may point to abuse

be considered as an aggravating circumstance

The numerical superiority of the attackers of the victim,

superiority

taken advantage of by him in the commission of the

commit the crime, then abuse of superior strength must

this circumstance
No abuse of superior strength in parricide because that

advantageous for the aggressor which is selected or

took advantage of his superior physical strength to

Depends on the age, size and strength of the parties

It is considered whenever there is a notorious inequality
of the forces between the victim and the aggressor,

crime
When there is marked disparity of physical strength
between the offender and the victim, and the former

offended party and the offender

The deceased was unarmed, much smaller than the
offender and he was attacked after he was pushed to the

CIRCUMSTANCE
1)

A strong man has ill-treated a child, an old or decrepit

2)

of superior strength
When weapon used is out of proportion to the

3)

defense available to the offended party

Simultaneous attack by 2 persons with revolvers

4)

against a defenseless person

Illegal detention where 6 persons carried the victim

5)
6)

away from his home

Rape committed by 4 people
Coercion and forcible abduction

BY A BAND VERSUS ABUSE OF SUPERIOR STRENGTH

Band:

When the offense is committed by more than

three armed malefactors regardless of the

were engaged against another as man to man

comparative strength of the victim or victims

Components:
a) At least 4 malefactors
b) All 4 malefactors are armed
Absorbs treachery

Abuse of superiority:

Takes advantage by the culprits of their

When the offender commits any of the crimes against

collective strength to overpower their relatively

the person, employing means, methods or forms in the

weaker victim or victims.

What is taken into consideration is not the

execution, without risk to himself, arising from the

number of aggressors nor the fact that they are

armed but their

relative physical might

compared to the offended party.

Absorbs Band

defense which the offended party must make

The offended party was not given the opportunity to

make a defense
The attack was sudden, unexpected, without warning
and without giving the victim an opportunity to defend
himself or repel the aggression

WHEN IS SUPERIOR STRENGTH NOT AN AGGRAVATING

CIRCUMSTANCE
1)

When one acted as principal and 2 as accomplices

-it must appear that the accused cooperated

RULES REGARDING TREACHERY

1)
2)

accomplishment of the crime

Not necessary that the mode of attack insures

together in some way designed to weaken the

defense

the consummation of the offense. Otherwise,

there would be no attempted or frustrated

MEANS EMPLOYED TO WEAKEN DEFENSE

-

Applicable only to crimes against persons

Absorbed in treachery
Example:

Where one, struggling with another suddenly

It applicable only to crimes against persons

Means, methods or forms used need not insure

3)

murder qualified by treachery

The mode of attack must be consciously adopted
The accused must make some preparation to
kill the deceased in such a manner as to insure
the execution of the crime or to make it

throws a cloak over the head of his opponent

impossible or hard for the person attacked to

and while in this situation, wounds or kills him

One who, while fighting with another,

suddenly casts sand or dirt upon the latters

offender and must not spring from the

eyes and then wounds or kills him, evidently

unexpected turn of events

employs means which weaken the defense of

his opponent
Intoxicating the victim to weaken defense

defend himself or retaliate

The mode of attack must be thought of by the

WHEN TREACHERY CANNOT BE CONSIDERED

-

Where there is nothing in the record to show that the

accused had pondered upon the mode or method to

That the act be committed with treachery (alevosia)

insure the killing of the deceased or remove or diminish

There is treachery when the offender commits any of the

any risk to himself that might arise from the defense

crimes against the person, employing means, methods, or

that the deceased might make, as when his decision to

forms in the execution thereof which tend directly and

shoot the victim is sudden brought about by a stinging

specially to insure its execution, without risk to himself arising

-

provocation from the latter.

If the decision to kill was sudden, there is no treachery.

If not deliberately sought, it is purely accidental

Reason: There is treachery when the culprit employed

from the defense which the offended party might make

-

Basis: Means and ways employed in the commission of

the crime
Cannot be presumed
The existence of this qualifying circumstance must be

means, methods or forms of execution which tend

directly and specially to insure the execution of the

proven as fully as the crime itself in order to aggravate

-

the liability incurred by the culprit

It must be shown that the treacherous acts were rpesent

crime without risk to himself.

When the meeting between the accused and the victim
is casual and the attack was impulsively done

and preceded the commencement of the attack wchich

caused the injury complained of

TREACHERY

ATTACKS SHOWING INTENTION TO ELIMINATE RISK

A)
B)
C)
D)

Victim asleep
Victim half-awake or just awakened
Victim grappling or being held
Attacked from behind
1) With a firearm
2) With a bladed weapon

3)

Other modes of attack

REQUISITES OF TREACHERY
1)

That at the time of the attack, the victim was not in a

2)

position to defend himself

That the offender consciously adopted the particular
means, method or form of attack employed by him.

2 CONDITIONS TO CONSTITUTE TREACHERY

1)

The employment of means of execution that gave the

person attacked no opportunity to defend himself or
retaliate
When the offender made a deliberate surprise
-

2)

or unexpected attack on the victim

Mere sudden and unexpected attack does not

constitute treachery
The means of execution were deliberately or consciously
adopted

SUMMARY OF THE RULES

1)

When the aggression is continuous, threachery must be

2)

present at the beginning of the assault

When the assault was not continuous, in that there was
an interruption, it is sufficient that treachery was
present at the moment the fatal blow was given

TREACHERY V ABUSE OF SUPERIOR STRENGTH MEANS

EMPLOYED TO WEAKEN THE DEFENSE
-

Treachery:
Means, methods and forms of attack are employed by
the offender to make it possible or hard for the offended
party to put up any sort of resistance
Abuse of superior strength
The offender does not employ means, method or forms
of attack; he only takes advantage of his superior
strength
Means employed to weaken the defense
Thr offender employs means but the means employed
only materially weakens the resisting power of the
offended party

That means be employed or circumstances brought about

which add ignominy to the natural effects of the act
-

Basis: Means employed

Applicable to crimes against chastity, less serious

physical injuries, light or grave coercion, and murder

Ignominy is to the victim

IGNOMINY
-

climbing through the window and once inside,

Circumstance pertaining to the moral order, which adds

murdered certain persons in the dwelling, there were

disgrace and obloquy to the material injury caused by

two aggravating circumstances which attended the

the crime
Disgrace, dishonor, loss of ones reputation, humiliation

or contempt

commission of the crimesdwelling and unlawful entry

Example:
The act of entering through the window, which is not
the proper place for entrance into the house, constitutes

THAT MEANS BE EMPLOYED

-

When the accused gained access to the dwelling by

When the accused raped a woman after winding cogon

unlawful entry.
Is there unlawful entry if the door is broken and

grass around his genital, he thereby augmented the

thereafter made an entry through the broken door? No.

wrong done by increasing its pain and adding ignominy

It is covered by paragraph 19.

thereto

That as a means of the commission of the crime, a wall, roof,

THAT CIRCUMSTANCES BE BROUGHT ABOUT

-

Where one rapes a married woman in the presence of

his husband
When in compelling an old woman to confess to the
theft of clothes, the accused maltreated her and took off

floor, door, or window be broken

-

Basis: Means and ways employed to commit the crime

AS A MEANS TO THE COMMISSION OF A CRIME

-

It is not necessary that the offender is the breaking of a

her drawers because the removing of her drawers could

part of the building as a means to the commission of the

have no other purpose but to put her to shame

crime
What aggravates the liability of the offender is the

breaking of a part of the building as a means to the

commission of the crime

WHICH ADD IGNOMINY TO THE NATURAL EFFECTS OF

THE ACT
-

The means employed or the circumstances brought

about must tend to make the effects of the crime more

TO EFFECT ENTRANCE ONLY

-

where the offender resorted to any of said means to

humiliating or to put the offended party to shame

WHEN

IGNOMINY

IS

NOT

AN

AGGRAVATING

CIRCUMSTANCE
1)
2)

Man is killed in the presence of his wife

When the victim was already dead but his body is
dismembered

This circumstance is aggravating only in those cases

enter the house.

If the wall, etc. is broken in order to get out of the place,
it is not an aggravating circumstance

WHERE BREAKING OF DOOR OR WNIDOW IS LAWFUL

1)

An officer, in order to make an arrest, either by

virtue of a warrant, or without a warrant as

That the crime be committed after an unlawful entry

provided in Section 5, may break any building or

There is unlawful entry when entrance is effected by a way not

reasonably believed to be, if he is refused

enclosure where the person to be arrested is or is

admittance thereto, after announcing his authority

intended for that purpose

-

Basis: Means and ways employed to commit the crime

Reason for aggravation:
One who acts, not respecting the walls erected by men

2)

and purpose
The officer, when refused admittance to the place of
directed search after giving notice of his purpose
and authority, may break open any outer or inner

to guard their property and provide for their personal

door or window of a house or any part of a house

safety, shows a greater perversity, a greater audacity;

or anything therein to execute the warrant or

hence, the law punishes him with more severity.

liberate himself or any person lawfully aiding him

when unlawfully detained therein

UNLAWFUL ENTRY
-

When an entrance is effected by a way not intended for

That the crime be committed with the aid of persons under

that purpose
Must be a means to effect entrance and not for escape

fifteen years of age or by means of motor vehicles, motorized

him unnecessary physical pain in the consummation of

watercraft, airships, or other similar means. (As amended by

RA 5438).
-

Basis: Means and ways employed to commit the crime

the criminal act

For cruelty or vindictiveness to be appreciated, the
evidence must show that the sadistic culprit, for his

2 DIFFERENT AGGRAVATING CIRCUMSTANCE UNDER

pleasure and satisfaction, caused the victim to suffer

PARAGRAPH 20

slowly and gradually, and inflicted on him unnecessary

1)

2)

Persons under 15 years of age

Tends to repress the frequent practice resorted

moral and physical pain

It must be shown that the accused enjoyed and

to by professional criminals to avail themselves

delighted in making his victim suffer slowly and

of

gradually, causing him unnecessary physical or moral

minors

taking

advantage

of

their

irresponsibility
Use of motor vehicles, airship and other similar means
Intended to counteract the great facilities

pain in the consummation of the criminal act

Refers to physical suffering of victim purposely

found by modern criminals in said means to

intended by offender
Cruelty cannot be presumed

commit crime and flee and abscond once the

same is committed

REQUISITES OF CRUELTY

WITH AID OF PERSONS UNDER 15

-

Causing persons under 15 years of age to commit crime

1)

That the injury caused be deliberately increased by

2)

causing other wrong

That the wrong be unnecessary for the execution pf
the purpose of the offender

for you
BY MEANS OF MOTOR VEHICLES
-

When the accused used the motor vehicle in going to the

place of the crime, in carrying away the effects thereof,

BE DELIBERATELY AUGMENTED BY CAUSING OTHER

WRONG
-

had a deliberate intention to prolong the suffering of the

and in facilitating their escape

WHEN IS IT NOT AN AGGRAVATING CIRCUMSTANCE
-

If the motor vehicle was used only in facilitating the

escape, it should not be an aggravating circumstance

OR OTHER SIMILAR MEANS

-

victim
WHEN
-

for its commissions

-

Basis: Ways employed in committing the crime

CRUELTY
-

There is cruelty when the culprit enjoys and delights in

making his victim suffer slowly and gradually, causing

NOT

AN

AGGRAVATING

Plurality of wounds alone

When the other wrong was committed after the victim

found on the body of the victim were inflicted

automobile or airplane
Bike, hindi. Motorcycle, oo.

deliberately augmented by causing other wrong not necessary

CRUELTY

was dead

There must be positive proof that the wounds

Should be understood to referring to motorized vehicles

That the wrong done in the commission of the crime be

IS

CIRCUMSTANCE

or other efficient means of transportation similar to

-

The accused at the time of the commission of the crime

while

he

was

still

alive

in

unnecessarily to prolong suffering

IGNOMINY V CRUELTY
-

Ignominy
Moral suffering
Cruelty
Physical suffering

order

to