Treachery, A14(16) Revised Penal Code

1. Concept

Treachery, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender employs means, methods, or forms to ensure the commission of the crime without risk tom him/herself and that the offended party be defenseless or be unable to escape.

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. (REVISED PENAL CODE, Paragraph 2, Article 14[16])

a. Legal basis

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

16. That the act be committed with treachery (alevosia).

(Revised Penal Code)

2. Treachery (alevosia).

For the aggravating circumstance of treachery, the offender commits a crime with treachery.

The essence of treachery is the swift and unexpected attack on the unarmed victim without the slightest provocation on the victim's part. (People v. Natindim, G.R. No. 201867, November 04, 2020, Per Hernando, J.)

Paragraph 16, Article 14 of the RPC defines treachery as the direct employment of means, methods, or forms in the execution of the crime against persons which tend directly and specially to insure its execution, without risk to the offender arising from the defense which the offended party might make. The essence of treacher...