Par.16.

- That the act be committed with treachery

(alevosia)
■ 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. (Art. 14, Par.
16)

■ Basis of this aggravating circumstances.

the basis has reference to the means and ways employed in the
commission of the crime.
 Rules regarding treachery

1. Applicable only to crimes against the person.

2. Means , methods or forms need to insure

accomplishment of crime

3. The mode of attack must be consciously adopted.

 Requisites of Treachery

1. That act the time of the attack, the victim was not in
a position to defend himself; and

2. That the offender consciously adopted the

particular means, method or form of attack
employed by him
When must treachery be present:

1. When the aggression is continuous, treachery must

be present at the beginning of the assault. (People
v. Manalad, G.R. No. 128593, August 14,2002).

2. 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. (U.S. v. Baluyot, G.R. No. 14476 November
6,1919).
Treachery should be considered even if:

1) Victim was not predetermined but there was a generic

intent to treacherously kill any first two persons belonging
to a class ( same rules obtain for evident premeditation)
2) Aberratio ictus and the bullet hit a person different from the
intended.
3) Error in personae, hence the victim was not the one
intended by the accused.
Treachery, abuse of superior strength, and means
employed to weaken the defense, distinguished.

TREACHERY ABUSE OF SUPERIOR MEANS EMPLOYED TO

STRENGHT WEAKEN DEFENSE
Means, methods, or The offender does not The offender, like in
forms are employed by employ means, treachery, employs
the offender to make it methods or forms of means but the means
impossible or hard for attack; he only takes employed only
the offended party to advantage of his materially weakens the
put up any sort of superior strength resisting power of the
resistance offended party.
Treachery absorbs:

1. Craft
2. Abuse of superior strength
3. Employing means to weaken the defense
4. Cuadrilla (“band”)
5. Aid of armed men
6. Nighttime
Par.18.- that the crime be committed after an unlawful
entry.
Unlawful entry
- it is when an entrance (end not for escape ) is effected
by a way not intended. For the purpose.

Basis:
- the basis has reference to the means and ways
employed to commit the crime.
Reason for aggravation

One who acts, not respecting the walls erected by men

to guard their property and provide for their personal safety,
shows a greater perversity, a greater audacity; hence, the law
punishes him with more severity.

Example:
Entering through a window
Unlawful entry is inherent in:

1. Robbery with the use of force upon things:

2. Trespass to dwelling;
3. Violation of domicile; and
4. Evasion of service of sentence, if such evasion; or escape
shall have taken place by means of unlawful entry.
Application of this circumstance

Dwelling and unlawful entry taken separately in murders committed in a

dwelling.

 People v. Barruga, 61 Phil. 318, 331

when the accused gained access to the dwelling by climbing
through the window and once inside, murdered certain person in the
dwelling, there were two aggravating circumstances which attended the
commission of the crime– dwelling and unlawful entry.
 Unlawful entry is not aggravating in trespass to
dwelling
Trespass to dwelling is committed when a private individual shall enter
the dwelling of another against the latter’s will and may be committed by
means of violence. (Art.280, Qualified trespass to dwelling).
If the offender entered the dwelling of another through an opening not
intended for the purpose, like the window, the unlawful entry was an
integral part of the circumstances of violence with which the crime of
trespass was committed.
 U.S v. Barbera, 17 Phil. 509, 511-512