Presence of both treachery, evident premeditation makes one generic, the other qualifying

The qualifying and generic aggravating circumstances in the commission of murder were duly proven in the trial court, the pertinent portion of which is stated hereunder, to wit: "The crimes were committed with the qualifying circumstances of treachery and evident premeditation in respect of the killing of Arcadio Montalbo, treachery because he was chopping feeds for the chicken with his back towards the door when Rolando Perez shot him from behind, and evident premeditation, because his killing was pre-planned. However, for the purpose of imposing the penalty, evident premeditation shall only be considered as generic aggravating circumstance. In respect of Arsenia Montalbo, her killing was committed with the qualifying circumstance of evident premeditation because it, too, was pre-planned. [G.R. No. 110100-02. December 11, 1996]