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´That the crime be committed in

consideration of a price, reward or

Greater perversity of the offender, as
shown by the motivating power itself.

´That the crime be committed by

means of inundation, fire, poison,
explosion, standing of a vessel or
intentional damage thereto,
derailment of a locomotive, or by the
use of any other artifice involving
great waste and ruin.µ

has reference to means and ways

´That the act be committed with

evident premeditation.µ

has reference to the ways of
committing the crime because evident
premeditation implies a deliberate
planning of the act before executing it

à. The time when the offender

determined to commit the crime;

2. An act manifestly indicating that

the culprit has clung to his

Ô. A sufficient lapse of time between

the determination and execution,
to allow him to reflect upon the
consequences of his act and to
allow his conscience to overcome
the resolution of his will.

´That (1) craft, (2) fraud, (3) disguise

be employed.µ

has reference to the means employed
in the commission of the crime

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here there is a The act of the

direct inducement accused done in
by insidious words order not to
or machinations of arouse the
fraud is present. suspicion of the

ë    resorting to any

device to conceal identity

´That (1) advantage to be taken of

superior strength, or (2) means be
employed to weaken the defense.µ
´advantage to be taken of superior

÷ to deliberately use excessive force

that is out of proportion to the
means of self÷defense available to
the person attacked. (People vs.
Lobrigas, et. al., G.R. No. 147649,
17 December 2002)



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The element of band The gravemen o f
is appreciated when abuse of superiority is
the offense is the taking advantage
committed by more by the culprits of
than three armed their collective
malefactors strength to overpower
regardless of the their relatively
comparative strength weaker victim/s.
of the victim/s.
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èence, what is taken

into account here is
not the number of
aggressors or the fact
that they are armed,
but their relative
physical strength vis-
à-vis the offended

´means employed to weaken

÷ the offender employs means that
materially weakens the resisting
power of the offended party.
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´That the act be committed with

treachery (alevosia).µ

has reference to the means and ways
employed in the commission of the

There is treachery when the offender

commits any of the crimes against the
person, 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.
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à. That at the time of the attack, the

victim was not in the position to
defend himself and;

2. That the offender consciously

adopted the particular means,
method or form of attack employed
by him.
6      y

à. Applicable only to crimes against


2. Means, methods or forms need not

insure accomplishment of crime.

Ô. The mode of attack must be

consciously adopted.

hen the aggression is continuous,

treachery must be present in the
BEGINNING of the assault.
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Ô. There was error in personae hence
the victim was not the one
intended by the accused. (A
different rule is applied in evident
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´That the means be employed or

circumstances brought about which
add ignominy to the natural effects of
the act.µ

has reference to the means employed
in the commission of the crime
w y

A circumstance pertaining to the moral

order, which adds disgrace and
obloquy to the material injury caused
by the crime
´which add ignominy to the natural
effects thereofµ

- the means employed or the circumstances

brought about must tend to make the
effects of the crime more humiliating to
victim or to put the offended party to
shame, or add to his moral suffering.
(People vs. Carmina, G.R. No. 81404, 28
January 1991)

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´That the crime be committed after

an unlawful entry.µ

has reference to the means and ways
employed in the commission of the
 %   y

There is unlawful entry when an

entrance is effected by a way not
intended for the purpose.

* Unlawful entry must be a means to

effect entrance and not for escape.

Ñne 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.
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à. Robbery with use of force upon


2. Trespass to dwelling
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´That the means to the commission of

a crime, a wall, roof, floor, or window
be broken.µ

has reference to the means and ways
employed to commit the crime
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It involves the Vresupposes that

breaking there is no such
(rompimiento) of breaking as by
the enumerated entry through the
parts of the house. window.
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´That the crime committed (1) with
the aid of persons under fifteen years
of age, or (2) by means of motor
vehicles, airships, or other similar

has reference to the means and ways
employed to commit the crime
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´with the aid of persons under

fifteen years of ageµ

÷ tends to repress so far as possible,

the frequent practice resorted to by
professional criminals to avail
themselves of minors taking advantage
of their irresponsibility.
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´by means of motor vehiclesµ

÷ intended to counteract the great

facilities found by modern criminals
in said means to commit crime and
flee and abscond once the same is

´or other similar meansµ

÷ should be understood as referring to

motorized vehicles or other efficient
means of transportation similar to
automobile or airplane.
´That the wrong done in the
commission of the crime be
deliberately augmented by causing
other wrong not necessary for its

has reference to ways employed in
committing the crime
Ú y

There is cruelty when the culprit

enjoys and delights in making his
victim suffer slowly and gradually,
causing him unnecessary physical pain
in the consummation of the criminal
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Involves moral Refers to physical

suffering suffering