1.

a. With treachery,
if 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.
Elements:
1. That the offender deliberately adopted the particular means,
method or form of attack employed by him.
2. That at the time of the attack, the victim was not in a
position to defend himself.

the essence of treachery is the suddenness and unexpectedness of

the act to unexpecting and unarmed victim who has not even the
slightest provocation.

The killing of or assault against a child by an adult assailant is

always treated as treacherous, even if the treacherous manner of
the assault is not shown. Indeed, the weakness of the minor victim
because of his tender years results in the absence of any danger or
risk to the adult assailant. The rationale for such treatment is easy
to discern – the minor victim cannot be expected to put up any form
of effective resistance because of his tender age, relatively small
frame, and inexperience in combat. Moreover, a deadly attack
against a minor is easier to execute inasmuch as the minor can
offer little, if any, resistance, thereby posing no peril to the attacker.

b. taking advantage of superior strength,

1. That there be a notorious inequality of forces between the
offender and the offended party in terms of their age, size and
strength;
2. That the offender took advantage of this inequality of forces
to facilitate the commission of the crime
c. with the aid of armed men,
 1. a. In case of a band, the law requires a number of persons,
that is, at least 4 armed malefactors.
b. In case of with the aid of armed men, there is no requisite
as to the number of armed men who aided the actual
perpetrator of the crime.
2. a. In case of a band, it is necessary that the armed men
must have acted together in the actual commission of the
crime.
b. In case of with the aid of armed men, it is not necessary
that the armed men acted together in the commission of the
crime because the armed men merely aided the actual
perpetrator of the crime and their participation may either be
a direct or indirect participation in the commission of the
crime.
d. employing means to weaken the defense
e. of means or persons to insure or afford impunity.

2. In consideration of a price, reward, or promise.

3. By means of inundation, fire, poison, explosion, shipwreck,

stranding of a vessel, derailment or assault upon a street car or
locomotive, fall of an airship, by means of motor vehicles, or
with the use of any other means involving great waste and ruin.

4. On occasion of any of the calamities enumerated in the

preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or other public
calamity.

5. With evident premeditation.

1. The time when the offender determined to commit the
crime;
2. An act manifestly indicating that the culprit has clung to
his determination;
 3. Sufficient lapse time between the determination and
execution, to allow him to reflect upon the consequences of his
acts.
6.
a. With cruelty,
b. by deliberately and inhumanly augmenting the suffering of
the victim, or
c. outraging or scoffing at his person or corpse.

Section 5, Article III of RA 7610 are the following:

1. The accused commits the act of sexual intercourse or lascivious

conduct;
2. The said act is performed with a child exploited in prostitution or
subjected to other sexual abuse; and
3. The child, whether male or female, is below 18 years of age.