Treachery or Alevosia Notes

*(16) That the act be committed with treachery (alevosia) Rule Exception Requisites of Treachery (Test) 1. That at the time of the attack, the victim was not in a position to defend himself a 2. That the offender consciously adopted the particular means, method or form of attack employed by him. Treachery- when the offender commits any of the crimes thereof which tend to directly and specially to insure its execution without the risk to himself arising from the defense which the offended part might make. Crimes against Person Inherent (treachery) in Crimes 1. Poisoning Crimes against Chastity Crimes against Property 1. Robbery 2. Theft 3. Estafa Gen. Rule 1. Treachery- when the offender commits any of the crimes thereof which tend to directly and specially to insure its execution without the risk to himself arising from the defense which the offended part might make. 2. Requisites of Treachery (Test) a. That at the time of the attack, the victim was not in a position to defend himself i. Offended Party was not given the opportunity to make a defense b. That the offender consciously adopted the particular means, method or form of attack employed by him. i. The accused must make some preparation to kill the deceased in such a manner as to insure the execution of the crime. ii. That the mode of attack must be thought of by the offender and must not spring from the unexpected turn of events. iii. May be inferred from the circumstance 3. Applicable to crimes against person 4. Means, methods or forms need not insure accomplishment of crime a. Not necessary that the mode of attack insures the consummation of offense b. It is not about the result but about the purpose of employing it. c. Possibility of Attempted and Frustrated murder qualified by treachery 5. The Mode of attack must be consciously adopted a. May be inferred from the circumstance b. The accused must make some preparation t o kill the deceased in such a manner as to insure the execution of the crime or make it impossible or hard for the person attacked to defend himself c. The mode of attack must be thought by the offender, and must not spring from unexpected turn or events. 6. Principal by induction a. Should have the knowledge of the treachery is liable of treachery if all his order was followed b. Even if he is absent in the crime, if both knowledge amd ordered followed(a and b) are present, he is liable. c. If either (a and b) is not present, he is not liable of treachery 7. Principal by direct participation a. Liable for treachery 8. When there is conspiracy, all of the conspirators are held liable for treachery even if only one of them did the criminal act. 9. Treachery absorbs disregard of sex and age, cr aft, abuse of superior strength, aid of armed men, by a nighttime, band and means to weaken the defense- meaning that if Treachery was qualifying, disregard of sex and age, craft, abuse of superior strength, aid of armed men, by a nighttime, band and means to weaken the defense are absorbed even if they are alleged as a generic aggravating circumstance. They cannot be considered separately provided that treachery is the primary consideration.

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Treachery or Alevosia Notes