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Essence: the execution of the criminal act is preceded by cool thought and

reflection upon the resolution to carry out the criminal intent within a space of time
sufficient to arrive at a calm judgment.
Premeditation is absorbed by reward or promise but only insofar as the induces is
concerned since he obviously reflected thereon in planning the crime but not the
person induced since one can be a principal by direct participation without the
benefit of due reflection.
If the offender premeditated on the killing of any person, it is proper to consider
against the offender that aggravating circumstance of premeditation, because
whoever is killed by him is contemplated his premeditation

CRAFT (astucia) Involves the use of intellectual trickery or cunning on the part of
the accused to aid in the execution of his criminal design
FRAUD (fraude) insidious words or machinations used to induce the victim to act
in a manner which would enable the offender to carry out his design
DISGUISE (disfraz)- resorting to any devise to conceal identity

Advantage be taken of superior strength


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To deliberately use excessive force that is out of proportion to the means for
self-defense available to the person attacked.

Means be employed to weaken the defense


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The offender employs means that materially weakens the resisting power of
the offended party

By a band appreciated when the offense is committed by more than 3 armed


malefactors regardless of the comparative strength of the victim/s
ABUSE OF SUPERIOR STRENGTH The gravemen of abuse of superiority is the
taking advantage by the culprits of their collective strength to overpower their
relatively weaker victim/s
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What is taken into account here is not the number of aggressors nor the fact
that they are armed byt their relative physical strength vis--vis the offended
party.

Abuse of superior strength absorbs cuadrilla (band)

NOTE: The means employed may amount to treachery when the victim is not able
to put any sort of re
sistance.
TREACHERY is present 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 from the defense
with the offended party might make.
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