Nighttime, absorbed by treachery


The aggravating circumstance of nighttime is absorbed by treachery. Nighttime was evidently an integral part of the peculiarly treacherous means and manner adopted to ensure the execution of the crime, or that it facilitated the treacherous character of the attack. (People vs. Ancheta, G.R. No. 143935, 04 June 2004, 431 SCRA 42; People vs. Costales, G.R. Nos. 141154-56, 15 January 2002, 373 SCRA 269)