That advantage be taken of superior strength, or means be employed to weaken the defense. (Art. 14, par. 15, RPC)
"Means employed to weaken defense" - offender employs means that materially weaken the resisting power of the offended party. The means used must not totally eliminate possible defense of the victim, otherwise it will fall under treachery.
Example:
1. X, who had the intention to kill the Y, made the Y intoxicated, thereby materially weakening the latter's resisting power. Treachery may be considered, if in his intoxicated state it was impossible for the victim to put up any defense at the time he was attacked.
2. A and B were fighting when suddenly A casts sand upon the B's eyes and then wounds or kills him.
This circumstance is applicable only to:
(a) crimes against persons and
(b) sometimes against person and property, such as robbery with physical injuries or homicide.
Example:
1. X, who had the intention to kill the Y, made the Y intoxicated, thereby materially weakening the latter's resisting power. Treachery may be considered, if in his intoxicated state it was impossible for the victim to put up any defense at the time he was attacked.
2. A and B were fighting when suddenly A casts sand upon the B's eyes and then wounds or kills him.
This circumstance is applicable only to:
(a) crimes against persons and
(b) sometimes against person and property, such as robbery with physical injuries or homicide.
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