Abuse of Superior Strength

- Intentionally employing excessive force OUT

OF PROPORTION to the means of defense
available to the offended party
- Superiority in numbers does NOT mean that
offenders abused superior strength (must be
proved they cooperated in such a way as to
secure advantage from the superiority of
strength)
- Inherent in PARRICIDE
- Absorbed in RAPE
Treachery
- (a) INSURE that the offended party was not
able to put up any defense, not even token
defense; and (b)the means, manner, and
form was CONSCIOUSLY AND DELIBERATELY
CHOSEN
- EP vs TREACHERY
o EP: essence is the cool thought and
reflection
o TREACHERY: swiftness and
unexpectedness of the attack
- Specific aggravating circumstance (present
in crimes against persons only)
o Qualifying in MURDER
o Specific aggravating circumstance in
SERIOUS PHYSICAL INJURIES
- 3 persons assaulted victim inside his house,
2 held victim while 1 stabbed him

treachery cannot be appreciated (INCLUDED

IN ABUSE OF SUPERIOR STRENGTH)
Treachery may be appreciated even when
the victim was warned of the danger to his
person
o What is DECISIVE is that the execution
of the attack made it IMPOSSIBLE for
the victim TO DEFEND himself or
retaliate
NO TREACHERY if attack is made on an
impulse or due to passion
FRONTAL ATTACK
o Generally no treachery
o Exception: when made in such a
manner that tends directly and
especially to insure its execution free
from danger and without risk to the
offender
Must be present at the INCEPTION of the
ATTACK
o After the COMMENCEMENT, and
before its TERMINATION, means and
methods employed would not
constitute alevosia
Absent and particulars as to the manner in
which the aggression commenced,
treachery cannot be appreciated
o i.e. When lone witness was not able to
observe the commencement of the
assault

Treachery cannot be inferred from just from

the location of the wound; evidence should
show the MANNER of the attack, how it was
COMMENCED and how the victim REACTED
YOUNG CHILD VICTIM: there is treachery
even if manner of attack is not shown
Treachery absorbs NIGHTIME and ABUSE
OF SUPERIOR STRENGTH
Treachery may be appreciated in abberatio
ictus
o Offender fired at his adversary but
missed, instead hitting another
person. The victim was helpless to
defend himself. Crime is murder not
merely homicide, since it is qualified
by treachery.
o If the victim did not die, crime is
physical injuries because the offender
had no specific intent to kill.
The RETALIATION must come from the
victim, not from anyone else.

Ignominy and cruelty

- Ignominy pertains to the MORAL ORDER
which adds to the DISGRACE and OBLOQUY
to the material injury caused by the crime.
o It produces more suffering on account
of its HUMILIATING EFFECTS

IGNOMINY relates to MORAL SUFFERING,

whereas CRUELTY to PHYSICAL
SUFFERING.
The mere fact that there were multiple stab
wounds does not imply cruelty because the
offender may be overwhelmed by PASSION
OR OBFUSCATION or it may be that the
victim was ALREADY DEAD when the stab
wounds were inflicted and can no longer
suffer pain.
Killing by severing head = done with cruelty
(People v Binondo, Oct 20, 1992)

Unlawful entry, breaking of door, etc.

- When an entrance is effected by a way not
intended for that purpose.
- Must be FOR ENTRY not exit
- Breaking a door to enter is NOT unlawful
entry since it is covered by par.19 as a
means to the commission of the crime a
wall, roof, floor, door, or window be broken
Aid of minor, use of motor vehicle
- Aid of minor shows greater perversity in the
offender in educating a minor on how to
commit a crime
- Use of motor vehicle is considered
o When purposely chosen to facilitate
the commission of the offense
o When shown that without it the
offense could not have been
committed
o When it was intentionally sought to
insure the success of the act
- Other similar means refer to the means of
transportation that are similar to motor
vehicles
o PEDICAB is NOT included because it is
not motorized
- Use of motorized means penalized because
they pose difficulty to the authorities to
apprehend them

ALTERNATIVE CIRCUMSTANCES
- Those which must be taken into
consideration as aggravating or mitigating
according to the NATURE and EFFECTS of
the crime and other conditions attending its
commission
- Three alternative circumstances
o RELATIONSHIP
o INTOXICATION
o DEGREE OF INSTRUCTION AND
EDUCATION OF THE OFFENDER
- Relationship (SADBroSA)

o Spouse, Ascendants, Descendants,

legitimate, natural, or adopted Brother
or Sister, or relative by Affinity
o Stepparents and stepchildren are
included (relatives by affinity)
o Stepbrothers and stepsisters are NOT
included (law specified only
legitimate, natural, or adopted)
Relationship is mitigating in crimes against
property by analogy to Art 332 (exempts the
offender for theft, estafa and malicious
mischief