Evident Premeditation vs. Treachery

Evident Premeditation vs. Treachery

Parameters	Evident Premeditation	Treachery
Codal	That the act be committed with evident premeditation.	That the act be committed with treachery (alevosia).
Codes	Article 14, Paragraph 13	Article 14, Paragraph 16
Requisites	The prosecution must prove — 1. The time when the offender determined to commit the crime; 2. An act manifestly indicating that the culprit has clung to his determination; and 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will.	(1) That at the time of the attack, the victim was not in a position to defend himself; and (2) That the offender consciously adopted the particular means, method or form of attack employed by him.
What crimes it apply?	Applicable only to crimes against persons	Applicable only to crimes against persons
Effect of Praeter Intentionem	When victim is different from that intended, premeditation is not aggravating. (People vs. Mabug-at)
Kind of Aggravating Circumstance	Qualifying circumstance	Qualifying circumstance
As to the defends of the victim	Victim may defend himself	Victim was not in a position to defend himself
As to the focus	Focus more on the sufficient time of planning, determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will.	Focus more on means, method or form of attack employed by the culprit so that his victim was not in a position to defend himself.
How to prove?	Sufficiency of time span between the determination and execution of the criminal intent	By the manner, modes, methods and forms of the attacks
Difficult / Easy in proving?	Difficult to prove than the Treachery	Easier to prove than Evident Premeditation