Aggravating Circumstances Article 14 Paragraph 13 Evident Premeditation PRE-before MEDITATION-plan or preparing Requisites: 1.

The time when the offender determined to commit the crime 2. An act manifestly indicating that he clung to his determination 3. A sufficient elapse of time between determination and execution(minimum should be 1day Exemptions: 1. Not accidental meeting of the victim and the accused 2. Not an abberatio ictus i.e. In US vs. Manalinde 14 Phil., 77, the court held among other things: as to t he other circumstance it is also unquestionable that the accused, upon accepting he order and undertaking the journey in order to comply therewith, deliberately considered ad carefully and thoughtfully meditated over the nature and consequences of the acts which under orders received from the said Datu he was about to carry out, and to that end provided himself with a weapon, concealing it by wrapping it up, and started on a journey of a day and a night for the sole purpose of taking a life of two unfortunate person whom he did not know, and with whom he had never had any troubles, nor did there exists any reason which, to a certain extent, might warrant his perverse deed. . . . Paragraph 14 Craft fraud or disguise be employed Craft-the skill of deceiving others Fraud-any deliberate misinterpretation of the truth or a fact used to take money, rights, or other privilege or property away from a person or persons. The circumstance is characterized by the intellectual or mental rather than the physical means to which the criminal carry out his design. This paragraph is intended to cover, for example, the case where a thief falsely represents that he is the lover of the servant of a house in order to gain entrance and rob the owner; or where A simulates the handwriting of B, who is a friend of C, inviting the latter, without the knowledge of B, by means of a note written in such simulated hand, to meet B at a designated place, in order to give A, who lies in wait at the place appointed, an opportunity to kill C; or one uses a disguise to prevent being recognized; and cases of that class and nature. Paragraph 15 Superior strength or means to weaken defence Abuse of superior strength is present (1) when the offenders enjoy numerical superiority, or (2) there is a notorious inequality between the victim and the aggressor, or (3) when the offender uses weapon which is out of proportion to the offended part.

Paragraph 16 Treachery Treachery exists when: (1) the means of execution employed gave the person no opportunity to defend him or to retaliate; and (2) the means of execution were deliberately or consciously adopted, clearly attended the killing the victim. Elements of Treachery: 1) The offense committed is one against persons 2) The means, methods, and forms employed in the commission there of were directly and specially sought, adopted or use for the purpose of insuring both a) The accomplishment of the criminal design b) Its execution with personal safety to the offender, or infinity from retaliation of the victim Essence of Treachery -not more than 3 days -is the sudden and unexpected attack by an aggressor on an unsuspecting victim, depriving the latter of any real chance to defend himself, there be ensuring its commission without risk to the aggressor, without the slightest provocation on the part of the victim. The attack is deliberate and without warning, done a swift and unexpected manner, affording the hapless, unarmed and unsuspecting victim to chance to resist or escape.