Rank, age, sex

- not compatible with passion or obfuscation

- When there is relationship between parties
- When being a woman is indispensable: rape

Dwelling
- Does not mean permanent residence
- If outside, crime should begin inside
- Not applicable both parties live in the same dwelling; robbery with force upon things
(inherent); trespass to dwelling; owner of dwelling gave provocation; victim is not a dweller
- Note robbery with homicide, dwelling is aggravating
- Allowed in boarding house

Chief executive, religious worship

- Cemetery, no
- Electoral precinct, yes

Abuse of confidence
- Inherent: Q Seduction, Q Theft, Estafa, Malversation
- Security guard killed a bank officer and robbed a bank

Nighttime, uninhabited place, band

- Crime should begin and end during nighttime
- Place is illuminated by light, no
- Night time absorbed in treachery, except when deliberately decided upon by the offenders
- By band, absorbs abuse of superior strength; not applicable in crimes against chastity
- Band, principals

Fire, shipwreck, etc

Armed men or persons who insure or afford impunity

- No, attacking party and the party attacked are both armed
- At least two
- Armed men are only accomplices
- Persons who afford impunity, example judge

Recidivist
- On trial for an offense
- Previous convicted by a final judgment
- Convicted of a new offese
- Both offenses are embraced by the same title
- Taken into account even after how many years
- Even pardoned in the first offense

Previously punished/reiteracion
- Should have served out the first sentence

Prize or reward
- Two or more principals
Inundation

Evident premeditation
- The lapse of time when the crime was committed to allow cool thought and reflection
- Absorbed by reward or promise
- Evident premeditation, not in error in personae or aberratio ictus
- Compatible with immediate vindication

Craft (not to rouse suspicion), fraud (insidious words/machinations), disguise

- Craft and fraud may be absorbed by treachery if deliberately adopted
- Fraud inherent in estafa

Superior strength
- Test of relative strength
- Inherent in Parricide
- Absorbs band
- Treachery absorbs superior strength and band

Treachery
- Cannot be AC if already taken as qualifying
- Must be planned by the offender
- Applies even aberratio ictus, error in personae
- Rule is it is impossible for the offended party to defend himself
- Absorbs Craft, Abuse of superior strength, Nighttime, Aid of armed men, Band,
Employing Means to weaken the defense
- Cannot co-exist with passion and obfuscation
- Generic AC in Robbery with Homicide

Ignominy
- Inherent in Libel and acts of lasciviousness