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In criminal cases, disguise is an aggravating circumstance because, like nighttime, it allows the accused to remain
anonymous and unidentifiable as he carries out his crimes. The introduction of the prosecution of testimonial
evidence that tends to prove that the accused were masked but the masks fell off does not prevent them from
including disguise as an aggravating circumstance. What is important in alleging disguise as an aggravating
circumstance is that there was a concealment of identity by the accused. The inclusion of disguise in the
information was, therefore, enough to sufficiently apprise the accused that in the commission of the offense they
were being charged with, they tried to conceal their identity.
The appellate court, however, incorrectly ruled out the presence of treachery in the commission of the offense. The
victims were eating lunch on campus and were not at a place where they would be reasonably expected to be on
guard for any sudden attack by rival fraternity men. The swiftness and the suddenness of the attack using lead
pipes and baseball bats gave no opportunity for the victims to retaliate or even to defend themselves. Treachery,
therefore, was present in this case.
Further, the information charges conspiracy among the accused. Conspiracy presupposes that the act of one is the
act of all. This would mean all the accused had been one in their plan to conceal their identity even if there was
evidence later on to prove that some of them might not have done so.
Five of the accused-appellants are found GUILTY beyond reasonable doubt of Murder and with the
MODIFICATION that they be found GUILTY beyond reasonable doubt of Attempted Murder .#